Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Notice of Court Decision Not in Harmony With Final Countervailing Duty Determination, and Notice of Amended Final Countervailing Duty Determination, 42356-42357 [2020-15061]

Download as PDF 42356 Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices these final results is de minimis, no cash deposit will be required on shipments of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review.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, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) and 19 CFR 351.221(b)(5). Dated: July 6, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. APPENDIX List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of the 2017 Administrative Review V. Non-Selected Rate VI. Subsidies Valuation Information VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Provision of Natural Gas for Less than Adequate Remuneration (LTAR)—Non-Government Suppliers Comment 2: New Subsidy Allegation— Super Incentive Scheme Comment 3: Renewable Energy Sources Support Mechanism (YEKDEM) Program Calculation Comment 4: Investment Incentive Certificates Calculation Comment 5: Non-Selected Company Rate for Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S. (collectively, Colakoglu) IX. Recommendation [FR Doc. 2020–15062 Filed 7–13–20; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:58 Jul 13, 2020 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [C–489–832] Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Notice of Court Decision Not in Harmony With Final Countervailing Duty Determination, and Notice of Amended Final Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 25, 2020, the United States Court of International Trade (CIT) sustained the final results of redetermination pertaining to the countervailing duty (CVD) investigation of carbon and alloy steel wire rod (wire rod) from the Republic of Turkey (Turkey) for the period of investigation (POI), January 1, 2016 through December 31, 2016. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the final determination in the CVD investigation, and that Commerce is amending the final determination and resulting CVD order with respect to the subsidy rates assigned to Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) and all other producers/exporters not individually investigated. DATES: Applicable July 5, 2020. FOR FURTHER INFORMATION CONTACT: Justin Neuman, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0486. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 28, 2018, Commerce published its Final Determination in the CVD investigation of wire rod from Turkey for the POI of January 1, 2016 through December 31, 2016.1 In the Final Determination, Commerce applied a rate based on adverse facts available to one program used by the respondents after discovering unreported information related to the Government of Turkey’s (GOT’s) ‘‘Assistance to Offset Costs Related to AD/CVD Investigations’’ program, which confers 1 See Carbon and Alloy Steel Wire Rod from the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part, 83 FR 13239 (March 28, 2018) (Final Determination) accompanying Issues and Decision Memorandum (IDM). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 a countervailable subsidy.2 In the Final Determination, Commerce also evaluated whether the GOT sold natural gas to Turkish wire rod producers for less-than-adequate remuneration (LTAR), and relied on Russian Eurostat (Eurostat) data for the tier two benchmark in the LTAR analysis. On May 21, 2018, Commerce published the Amended Final Determination and Order.3 On December 3, 2018, Habas, Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), and the Nucor Corporation (Nucor) challenged various aspects of Commerce’s Final Determination. Habas and Icdas contested Commerce’s application of adverse facts available as unsupported by evidence and contrary to law. Nucor separately argued that Commerce’s selection of Eurostat data as a tier two benchmark to calculate benefits from the provision of natural gas at LTAR was inadequately explained, the data did not represent the best available information, and the decision was unsupported by evidence and contrary to law. On November 19, 2019, the CIT sustained Commerce’s application of adverse facts available against Habas and Icdas. However, the CIT remanded the Final Determination to Commerce with instructions for Commerce to reconsider benchmark data relating to the natural gas for LTAR program.4 On February 11, 2020, Commerce issued its Final Results of Redetermination in accordance with the CIT’s order.5 As part of its analysis, Commerce placed new factual information on the record relating to natural gas prices. Commerce then reconsidered its reliance on Russian Eurostat data as a tier two benchmark, and instead relied on data from an International Energy Administration (IEA) report, as adjusted by Commerce, to construct a tier three benchmark.6 On June 25, 2020, the CIT sustained 2 See IDM at section VII; see also Memorandum, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Turkey: Calculations for the Final Countervailing Duty Determination,’’ dated March 19, 2018. 3 See Carbon and Alloy Steel Wire Rod from Italy and the Republic of Turkey: Amended Final Affirmative Countervailing Duty Determination for the Republic of Turkey and Countervailing Duty Orders for Italy and the Republic of Turkey, 83 FR 23420 (May 21, 2018) (Amended Final Determination and Order). 4 See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS et al. v. United States, Court No. 18– 00144, Slip Op. 19–144 (CIT November 19, 2019). 5 See Final Results of Redetermination Pursuant to Remand Order, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS et al. v. United States, Court No. 18–00144, Slip Op. 19–144 (CIT November 19, 2019), dated February 11, 2020 (Final Results of Redetermination). 6 Id. E:\FR\FM\14JYN1.SGM 14JYN1 Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices Commerce’s Final Results of Redetermination.7 Timken Notice In its decision in Timken,8 as clarified by Diamond Sawblades,9 the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s June 25, 2020, judgment sustaining the Final Results of Redetermination constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination, as modified by the Amended Final Determination and Order. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court decision, Commerce is amending its Final Determination with respect to the countervailing duty rate calculated for Habas and the companies covered by the all-others rate. The revised rates are as follows: Subsidy rate Exporter or producer Habas and all other producers and exporters of the subject merchandise, effective July 5, 2020. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e), and 777(i)(1) of the Act. Dated: July 7, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–15061 Filed 7–13–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA238] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Offshore of Massachusetts, Rhode Island, Connecticut, and New York National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of incidental harassment authorization. AGENCY: NMFS has received a request from Vineyard Wind, LLC (Vineyard 6.09 Wind) for the re-issuance of a 3.81 previously issued incidental harassment 4.95 authorization (IHA) with the only change being effective dates. The initial IHA authorized take of 14 species of Cash Deposit Requirements marine mammals, by Level B Because Habas does not have a harassment, incidental to incidental to superseding cash deposit rate, i.e., there marine site characterization survey have been no final results published in activities off the coast of Massachusetts a subsequent administrative review for in the areas of the Commercial Lease of the Habas, Commerce will issue revised Submerged Lands for Renewable Energy cash deposit instructions to CBP. Development on the Outer Continental Commerce will instruct CBP to collect a Shelf (OCS–A 0501 and OCS–A 0522) cash deposit for estimated and along potential submarine cable countervailing duties at ad valorem routes to a landfall location in rates equal to the estimated weightedMassachusetts, Rhode Island, average subsidy rates listed above for Connecticut, and New York. The project has been delayed and none of the work 7 See Habas Sinai ve Tibbi Gazlar Istihsal covered in the initial IHA has been Endustrisi AS, et al. v. United States, Court No. 18– conducted. The initial IHA was effective 00144, Slip Op. 20–87 (CIT June 25, 2020). 8 See Timken Co. v. United States, 893 F.2d 337, from June 1, 2020 through May 31, 341 (Fed. Cir. 1990) (Timken). 2021. Due to delays, Vineyard Wind has 9 See Diamond Sawblades Mfrs. Coalition v. requested re-issuance with new effective United States, 626 F.3d 1374 (Fed. Cir. 2010) dates of June 21, 2020 through June 20, (Diamond Sawblades). 2021. The scope of the activities and 10 See Final Results of Redetermination. anticipated effects remain the same, 11 The rate for Icdas did not change as a result of litigation. See Carbon and Alloy Steel Wire Rod authorized take numbers are not From the Republic of Turkey: Final Affirmative changed, and the required mitigation, Countervailing Duty Determination and Final monitoring, and reporting remains the Affirmative Critical Circumstances Determination, same as included in the initial IHA. in Part, 83 FR 13239 (March 28, 2018); see also Order, 83 FR at 23421. NMFS is, therefore, issuing a second Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S 10 ......... Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S 11 .............. All Others .................................... VerDate Sep<11>2014 17:58 Jul 13, 2020 Jkt 250001 SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 42357 identical IHA to cover the incidental take analyzed and authorized in the initial IHA. DATES: This authorization is effective from June 21, 2020, through June 2020, 2021. ADDRESSES: An electronic copy of the final 2020 IHA previously issued to Vineyard Wind, Vineyard Wind’s application, and the Federal Register notices proposing and issuing the initial IHA may be obtained by visiting https:// www.fisheries.noaa.gov/action/ incidental-take-authorization-vineyardwind-llc-marine-site-characterizationsurveys. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42356-42357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15061]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-832]


Carbon and Alloy Steel Wire Rod From the Republic of Turkey: 
Notice of Court Decision Not in Harmony With Final Countervailing Duty 
Determination, and Notice of Amended Final Countervailing Duty 
Determination

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

SUMMARY: On June 25, 2020, the United States Court of International 
Trade (CIT) sustained the final results of redetermination pertaining 
to the countervailing duty (CVD) investigation of carbon and alloy 
steel wire rod (wire rod) from the Republic of Turkey (Turkey) for the 
period of investigation (POI), January 1, 2016 through December 31, 
2016. The Department of Commerce (Commerce) is notifying the public 
that the final judgment in this case is not in harmony with the final 
determination in the CVD investigation, and that Commerce is amending 
the final determination and resulting CVD order with respect to the 
subsidy rates assigned to Habas Sinai ve Tibbi Gazlar Istihsal 
Endustrisi A.S. (Habas) and all other producers/exporters not 
individually investigated.

DATES: Applicable July 5, 2020.

FOR FURTHER INFORMATION CONTACT: Justin Neuman, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0486.

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 2018, Commerce published its Final Determination in 
the CVD investigation of wire rod from Turkey for the POI of January 1, 
2016 through December 31, 2016.\1\ In the Final Determination, Commerce 
applied a rate based on adverse facts available to one program used by 
the respondents after discovering unreported information related to the 
Government of Turkey's (GOT's) ``Assistance to Offset Costs Related to 
AD/CVD Investigations'' program, which confers a countervailable 
subsidy.\2\ In the Final Determination, Commerce also evaluated whether 
the GOT sold natural gas to Turkish wire rod producers for less-than-
adequate remuneration (LTAR), and relied on Russian Eurostat (Eurostat) 
data for the tier two benchmark in the LTAR analysis. On May 21, 2018, 
Commerce published the Amended Final Determination and Order.\3\
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination and 
Final Affirmative Critical Circumstances Determination, in Part, 83 
FR 13239 (March 28, 2018) (Final Determination) accompanying Issues 
and Decision Memorandum (IDM).
    \2\ See IDM at section VII; see also Memorandum, ``Carbon and 
Alloy Steel Wire Rod from the Republic of Turkey: Calculations for 
the Final Countervailing Duty Determination,'' dated March 19, 2018.
    \3\ See Carbon and Alloy Steel Wire Rod from Italy and the 
Republic of Turkey: Amended Final Affirmative Countervailing Duty 
Determination for the Republic of Turkey and Countervailing Duty 
Orders for Italy and the Republic of Turkey, 83 FR 23420 (May 21, 
2018) (Amended Final Determination and Order).
---------------------------------------------------------------------------

    On December 3, 2018, Habas, Icdas Celik Enerji Tersane ve Ulasim 
Sanayi A.S. (Icdas), and the Nucor Corporation (Nucor) challenged 
various aspects of Commerce's Final Determination. Habas and Icdas 
contested Commerce's application of adverse facts available as 
unsupported by evidence and contrary to law. Nucor separately argued 
that Commerce's selection of Eurostat data as a tier two benchmark to 
calculate benefits from the provision of natural gas at LTAR was 
inadequately explained, the data did not represent the best available 
information, and the decision was unsupported by evidence and contrary 
to law. On November 19, 2019, the CIT sustained Commerce's application 
of adverse facts available against Habas and Icdas. However, the CIT 
remanded the Final Determination to Commerce with instructions for 
Commerce to reconsider benchmark data relating to the natural gas for 
LTAR program.\4\
---------------------------------------------------------------------------

    \4\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS et 
al. v. United States, Court No. 18-00144, Slip Op. 19-144 (CIT 
November 19, 2019).
---------------------------------------------------------------------------

    On February 11, 2020, Commerce issued its Final Results of 
Redetermination in accordance with the CIT's order.\5\ As part of its 
analysis, Commerce placed new factual information on the record 
relating to natural gas prices. Commerce then reconsidered its reliance 
on Russian Eurostat data as a tier two benchmark, and instead relied on 
data from an International Energy Administration (IEA) report, as 
adjusted by Commerce, to construct a tier three benchmark.\6\ On June 
25, 2020, the CIT sustained

[[Page 42357]]

Commerce's Final Results of Redetermination.\7\
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    \5\ See Final Results of Redetermination Pursuant to Remand 
Order, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS et al. v. 
United States, Court No. 18-00144, Slip Op. 19-144 (CIT November 19, 
2019), dated February 11, 2020 (Final Results of Redetermination).
    \6\ Id.
    \7\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS, et 
al. v. United States, Court No. 18-00144, Slip Op. 20-87 (CIT June 
25, 2020).
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Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant 
to section 516A of the Tariff Act of 1930, as amended (the Act), 
Commerce must publish a notice of a court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's June 25, 
2020, judgment sustaining the Final Results of Redetermination 
constitutes a final decision of the CIT that is not in harmony with 
Commerce's Final Determination, as modified by the Amended Final 
Determination and Order. This notice is published in fulfillment of the 
publication requirements of Timken.
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    \8\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \9\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
its Final Determination with respect to the countervailing duty rate 
calculated for Habas and the companies covered by the all-others rate. 
The revised rates are as follows:

------------------------------------------------------------------------
                                                                Subsidy
                    Exporter or producer                         rate
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S \10\....        6.09
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S \11\........        3.81
All Others..................................................        4.95
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Habas does not have a superseding cash deposit rate, i.e., 
there have been no final results published in a subsequent 
administrative review for the Habas, Commerce will issue revised cash 
deposit instructions to CBP. Commerce will instruct CBP to collect a 
cash deposit for estimated countervailing duties at ad valorem rates 
equal to the estimated weighted-average subsidy rates listed above for 
Habas and all other producers and exporters of the subject merchandise, 
effective July 5, 2020.
---------------------------------------------------------------------------

    \10\ See Final Results of Redetermination.
    \11\ The rate for Icdas did not change as a result of 
litigation. See Carbon and Alloy Steel Wire Rod From the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination and 
Final Affirmative Critical Circumstances Determination, in Part, 83 
FR 13239 (March 28, 2018); see also Order, 83 FR at 23421.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e), and 777(i)(1) of the Act.

    Dated: July 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-15061 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-DS-P

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