Circular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2018, 6866-6868 [2021-01497]
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6866
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
brief from TG Tools.2 On July 1, 2020,
we received a rebuttal brief from
ArcelorMittal USA LLC (the
petitioner).3
Scope of the Order
The merchandise subject to this order
is certain carbon and alloy steel hotrolled or forged flat plate products not
in coils, whether or not painted,
varnished, or coated with plastics or
other non-metallic substances (cut-tolength plate). For a full description of
the scope, see the Issues and Decision
Memorandum.4
analysis led us to conclude that TG
Tools’ single POR sale is not
representative of TG Tools’ typical
selling practices for subject
merchandise.
Because we have determined that TG
Tools had no bona fide sales during the
POR, we are rescinding this
administrative review.
Assessment Rate
jbell on DSKJLSW7X2PROD with NOTICES
Because Commerce is rescinding this
administrative review, we have not
calculated a company-specific dumping
margin for TG Tools. TG Tools remains
part of the China-wide entity and the
Analysis of Comments Received
entry of its subject merchandise during
All issues raised in case briefs are
the POR will be assessed antidumping
listed in the appendix to this notice and duties at the China-wide entity rate. The
are addressed in the Issues and Decision China-wide entity rate is 68.27 percent.5
Memorandum. The Issues and Decision
Consistent with its recent notice,6
Memorandum is a public document and Commerce intends to issue assessment
is made available to the public via
instructions to CBP no earlier than 35
Enforcement and Compliance’s
days after the date of publication of this
Antidumping and Countervailing Duty
rescission notice in the Federal
Centralized Electronic Service System
Register. If a timely summons is filed at
(ACCESS). ACCESS is available to
the U.S. Court of International Trade,
registered users at https://
the assessment instructions will direct
access.trade.gov. In addition, a complete
CBP not to liquidate relevant entries
version of the Issues and Decision
until the time for parties to file a request
Memorandum is available at https://
for a statutory injunction has expired
enforcement.trade.gov/frn/.
(i.e., within 90 days of publication).
Bona Fides Analysis
Cash Deposit Requirements
In the Preliminary Results, we found
As noted above, Commerce is
that TG Tools did not have a bona fide
rescinding this administrative review.
sale of CTL plate during the POR. After
Thus, we have not calculated a
analyzing comments from interested
company-specific dumping margin for
parties, we continue to find that TG
TG Tools. Therefore, entries of TG
Tools did not have a bona fide sale of
Tools’ subject merchandise continue to
CTL plate during the POR. We reached
be subject to the China-wide entity cash
this conclusion based on multiple
deposit rate of 68.27 percent. This cash
factors, including: (1) The low quantity
deposit requirement shall remain in
and high price of the sale; (2) atypical
effect until further notice.
timing of the sale; (3) the excessive
profit made by TG Tools’ importer on
Administrative Protective Order
the resale; and (4) other considerations,
This notice also serves as a final
such as the fact that TG Tools made
reminder
to parties subject to
only a single sale of subject
administrative protective order (APO) of
merchandise during the POR, which
their responsibility concerning the
was a trial sale of a specialty product,
return or destruction of proprietary
and TG Tools’ importer had not
information disclosed under APO in
previously purchased the subject
accordance with 19 CFR 351.305(a)(3),
merchandise and made no subsequent
which continues to govern business
purchases of the specialty product or
proprietary information in this segment
any other subject merchandise. Our
of the proceeding. Timely written
notification of the return or destruction
2 See TG Tools’ Letter, ‘‘Administrative Review of
the Antidumping Duty Order on Carbon and Alloy
of APO materials, or conversion to
Steel Cut-to-Length Plate from the People’s
judicial protective order is hereby
Republic of China: Case Brief,’’ dated June 22, 2020.
requested. Failure to comply with the
3 See Petitioner’s Letter, ‘‘Carbon and Alloy Steel
Cut-To-Length Plate from the People’s Republic of
China: Petitioner’s Rebuttal Brief,’’ dated July 1,
2020.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Antidumping Duty
Administrative Review of Certain Carbon and Alloy
Steel Cut-To-Length Plate from the People’s
Republic of China; 2018–2019,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
VerDate Sep<11>2014
18:31 Jan 22, 2021
Jkt 253001
5 See Certain Carbon and Alloy Steel Cut-ToLength Plate from the People’s Republic of China:
Final Affirmative Determination of Sales at Less
Than Fair Value, 82 FR 8510 (January 26, 2017).
6 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended, and 19 CFR
351.213(h)(1) and 19 CFR 351.221(b)(5).
Dated: January 19, 2021.
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. Discussion of the Issues
Comment 1: Whether Commerce Has Legal
Authority to Apply Bona Fides Sales
Analysis in Administrative Reviews
Comment 2: Whether Record Evidence
Supports Finding that TG Tools’ U.S.
Sale was not Bona Fide
Comment 3: Whether Commerce Should
Apply AFA for Importer’s Failure to
Provide Requested Information
Comment 4: Surrogate Country and
Surrogate Values Selection
V. Recommendation
[FR Doc. 2021–01529 Filed 1–22–21; 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: Final Results of Countervailing
Duty Administrative Review; Calendar
Year 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Borusan
Holding A.S., Borusan Mannesmann
Yatirim Holding, Borusan Mannesmann
AGENCY:
E:\FR\FM\25JAN1.SGM
25JAN1
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
Boru Sanayi ve Ticaret A.S., and
Borusan Istikbal Ticaret T.A.S.
(collectively, the Borusan Companies)
received a de minimis net subsidy rate
and that the exporters/producers of
circular welded carbon steel pipes and
tubes from the Republic of Turkey
(Turkey) not selected for individual
review received countervailable
subsidies that are above de minimis
during the period of review (POR),
January 1, 2018 through December 31,
2018.
DATES: Applicable January 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–8362.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2020, Commerce
published the preliminary results of this
administrative review.1 On April 24,
2020, Commerce tolled all deadlines in
administrative reviews by 50 days.2 On
July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
60 days.3 On October 28, 2020,
Commerce extended the deadline for the
final results to January 15, 2021.4 For a
summary of events that occurred since
the Preliminary Results, see the Issues
and Decision Memorandum.5
Scope of the Order
The merchandise covered by the
countervailing duty order is circular
welded carbon steel pipes and tubes
from Turkey. For a complete description
of the scope of the order, see the
accompanying Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
case briefs are addressed in the Issues
and Decision Memorandum. The issues
are identified in the appendix to this
notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received, we
made no changes to the net subsidy
rates calculated for the Borusan
Companies. However, we revised the
net subsidy rate assigned to the firms
not selected for individual examination.
For a discussion of these issues, see the
Issues and Decision Memorandum.
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable during the POR,
we determine that there is a subsidy,
i.e., a government-provided financial
contribution that confers a benefit to the
recipient, and that the subsidy is
specific.6 For a complete description of
the methodology underlying all of
Commerce’s conclusions, see the Issues
and Decision Memorandum.
Final Results of the Review
In accordance with section
751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we determined an
individual subsidy rate for the Borusan
Companies and calculated a de minimis
net subsidy rate for the period January
1, 2018 through December 31, 2018. As
discussed in the accompanying Issues
and Decision Memorandum, it is
Commerce’s practice in administrative
reviews to calculate a rate for companies
that are not individually examined by
following the instructions to calculate
the all-others rate under section
705(c)(5) of the Act and averaging the
weighted-average net subsidy rates for
the individually-reviewed companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available.7 In this review, we calculated
a de minimis net subsidy rate for the
sole mandatory respondent. As a result,
for the reasons discussed in the Issues
and Decision Memorandum, we have
determined that it is reasonable to
assign to the firms subject to the review,
but not selected for individual
examination, the average of the abovede minimis net subsidy rates calculated
for the mandatory respondents in the
prior administrative review conducted
in this proceeding, which is 1.18
percent ad valorem.8 Therefore, we
determine that the following total
estimated net countervailable subsidy
rates exist for the period January 1, 2018
through December 31, 2018:
Net subsidy
rate
(percent)
Company
jbell on DSKJLSW7X2PROD with NOTICES
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 ......................................................................................................................................................................................
1 See 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,
85 FR 18917 (April 3, 2020) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments due to COVID–19,’’ dated April 24,
2020.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
VerDate Sep<11>2014
18:31 Jan 22, 2021
Jkt 253001
4 See Memorandum, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey: Extension of
Deadline for Final Results of Countervailing Duty
Administrative Review,’’ dated October 28, 2020.
5 See Memorandum, ‘‘Issues and Decision
memorandum for the Final Results of
Countervailing Duty Administrative Review:
Circular Welded Carbon Steel Pipes and Tubes from
the Republic of Turkey; 2018,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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.
PO 00000
Frm 00006
Fmt 4703
6867
Sfmt 4703
* 0.37.
1.18
1.18
1.18
1.18
1.18
7 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
8 See Circular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey: Final Results
of Countervailing Duty Administrative Review and
Rescission of Countervailing Duty Administrative
Review, in Part; Calendar Year 2017, 84 FR 56173,
56175 (October 21, 2019) (Pipe and Tube from
Turkey 2017) and accompanying IDM at 5–6.
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Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
Net subsidy
rate
(percent)
Company
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) ...........................................................................................................................................................................
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
1.18
* (de minimis)
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
jbell on DSKJLSW7X2PROD with NOTICES
Assessment Rates
Consistent with its recent notice,9
Commerce intends to issue assessment
instructions to U.S. Customs and Border
Protection (CBP) no earlier than 35 days
after the date of publication of the final
results of this review in the Federal
Register. If a timely summons is filed at
the U.S. Court of International Trade,
the assessment instructions will direct
CBP not to liquidate relevant entries
until the time for parties to file a request
for a statutory injunction has expired
(i.e., within 90 days of publication).
Because we have calculated a de
minimis countervailable subsidy rate for
the Borusan Companies, we will
instruct CBP to liquidate the appropriate
entries without regard to countervailing
duties in accordance with 19 CFR
351.212. We will instruct CBP to
liquidate shipments of subject
merchandise produced and/or exported
by the remaining above listed
companies, entered or withdrawn from
warehouse for consumption from
January 1, 2018 through December 31,
2018, at the ad valorem rates listed
above for each respective company.
Cash Deposit Instructions
In accordance with section
751(a)(2)(C) of the Act, we intend to
instruct CBP to collect cash deposits of
estimated countervailing duties, in the
9 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 884 (Jan.15,
2021).
VerDate Sep<11>2014
18:31 Jan 22, 2021
Jkt 253001
amounts shown above, with the
exception of the Borusan Companies, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. Because the countervailable
subsidy rate for the Borusan Companies
is de minimis, Commerce will instruct
CBP to collect cash deposits at a rate of
zero for the Borusan Companies for all
shipments of the subject merchandise
that are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this administrative review. 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 allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated: January 15, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Administrative Protective Order (APO)
BILLING CODE 3510–DS–P
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return 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 351.221(b)(5).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Non-Shipment Claims
VI. Non-Selected Rate
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether to Include Purchases
of All Series Grades of Hot-Rolled Steel
(HRS) in the HRS Benchmark to Measure
the Adequacy of Remuneration for HRS
Comment 2: Whether Commerce Should
Include Istikbal’s Export Credit Bank of
Turkey (Eximbank) Loan in the Benefit
Analysis for Short Term Pre-Shipment
Rediscount Program
X. Recommendation
[FR Doc. 2021–01497 Filed 1–22–21; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain oil country tubular goods
(OCTG) from the Republic of Korea
(Korea) are being sold in the United
States at prices below normal value. The
period of review (POR) is September 1,
AGENCY:
E:\FR\FM\25JAN1.SGM
25JAN1
Agencies
[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6866-6868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01497]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipes and Tubes From the Republic of
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Borusan
Holding A.S., Borusan Mannesmann Yatirim Holding, Borusan Mannesmann
[[Page 6867]]
Boru Sanayi ve Ticaret A.S., and Borusan Istikbal Ticaret T.A.S.
(collectively, the Borusan Companies) received a de minimis net subsidy
rate and that the exporters/producers of circular welded carbon steel
pipes and tubes from the Republic of Turkey (Turkey) not selected for
individual review received countervailable subsidies that are above de
minimis during the period of review (POR), January 1, 2018 through
December 31, 2018.
DATES: Applicable January 25, 2021.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-8362.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2020, Commerce published the preliminary results of
this administrative review.\1\ On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days.\2\ On July 21, 2020,
Commerce tolled all deadlines in administrative reviews by 60 days.\3\
On October 28, 2020, Commerce extended the deadline for the final
results to January 15, 2021.\4\ For a summary of events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
---------------------------------------------------------------------------
\1\ See 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, 85
FR 18917 (April 3, 2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments due to COVID-19,'' dated April 24, 2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Turkey: Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated October 28, 2020.
\5\ See Memorandum, ``Issues and Decision memorandum for the
Final Results of Countervailing Duty Administrative Review: Circular
Welded Carbon Steel Pipes and Tubes from the Republic of Turkey;
2018,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the countervailing duty order is
circular welded carbon steel pipes and tubes from Turkey. For a
complete description of the scope of the order, see the accompanying
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum. The issues are identified in the
appendix to this notice. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received, we made no changes to the net
subsidy rates calculated for the Borusan Companies. However, we revised
the net subsidy rate assigned to the firms not selected for individual
examination. For a discussion of these issues, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable during the POR, we
determine that there is a subsidy, i.e., a government-provided
financial contribution that confers a benefit to the recipient, and
that the subsidy is specific.\6\ For a complete description of the
methodology underlying all of Commerce's conclusions, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Final Results of the Review
In accordance with section 751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we determined an individual subsidy rate for the Borusan
Companies and calculated a de minimis net subsidy rate for the period
January 1, 2018 through December 31, 2018. As discussed in the
accompanying Issues and Decision Memorandum, it is Commerce's practice
in administrative reviews to calculate a rate for companies that are
not individually examined by following the instructions to calculate
the all-others rate under section 705(c)(5) of the Act and averaging
the weighted-average net subsidy rates for the individually-reviewed
companies, excluding rates that are zero, de minimis, or based entirely
on facts available.\7\ In this review, we calculated a de minimis net
subsidy rate for the sole mandatory respondent. As a result, for the
reasons discussed in the Issues and Decision Memorandum, we have
determined that it is reasonable to assign to the firms subject to the
review, but not selected for individual examination, the average of the
above-de minimis net subsidy rates calculated for the mandatory
respondents in the prior administrative review conducted in this
proceeding, which is 1.18 percent ad valorem.\8\ Therefore, we
determine that the following total estimated net countervailable
subsidy rates exist for the period January 1, 2018 through December 31,
2018:
---------------------------------------------------------------------------
\7\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\8\ See Circular Welded Carbon Steel Pipes and Tubes from the
Republic of Turkey: Final Results of Countervailing Duty
Administrative Review and Rescission of Countervailing Duty
Administrative Review, in Part; Calendar Year 2017, 84 FR 56173,
56175 (October 21, 2019) (Pipe and Tube from Turkey 2017) and
accompanying IDM at 5-6.
------------------------------------------------------------------------
Net subsidy
Company rate (percent)
------------------------------------------------------------------------
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.......................... 1.18
Borusan Mannesmann...................................... 1.18
Borusan Mannesmann Pipe US, Inc......................... 1.18
Cagil Makina Sanayi ve Ticaret A.S...................... 1.18
Eksen Makina............................................ 1.18
[[Page 6868]]
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.............. 1.18
Guner Eksport........................................... 1.18
Guven Celik Born San. Ve Tic. Ltd....................... 1.18
Guven Steel Pipe........................................ 1.18
Kalibre Boru Sanayi ve Ticaret AS....................... 1.18
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul 1.18
Net Boru Sanayi ve Dis Ticaret Koll. Sti................ 1.18
Noksel Celik Boru Sanayi AS............................. 1.18
Perfektup Ambalaj San. ve Tic. A.S...................... 1.18
Schenker Arkas Nakliyat ve Ticaret A.S.................. 1.18
Umran Celik Born Sanayii A.S............................ 1.18
Umran Steel Pipe Inc.................................... 1.18
Vespro Muhendislik Mimarlik Danismanlik Sanayi ve 1.18
Ticaret AS.............................................
Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat 1.18
Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve
Ticaret A.S. (Yucel Companies).........................
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* (de minimis)
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Consistent with its recent notice,\9\ Commerce intends to issue
assessment instructions to U.S. Customs and Border Protection (CBP) no
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication). Because we have calculated a de minimis
countervailable subsidy rate for the Borusan Companies, we will
instruct CBP to liquidate the appropriate entries without regard to
countervailing duties in accordance with 19 CFR 351.212. We will
instruct CBP to liquidate shipments of subject merchandise produced
and/or exported by the remaining above listed companies, entered or
withdrawn from warehouse for consumption from January 1, 2018 through
December 31, 2018, at the ad valorem rates listed above for each
respective company.
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\9\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (Jan.15,
2021).
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Cash Deposit Instructions
In accordance with section 751(a)(2)(C) of the Act, we intend to
instruct CBP to collect cash deposits of estimated countervailing
duties, in the amounts shown above, with the exception of the Borusan
Companies, on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this review. Because the countervailable subsidy
rate for the Borusan Companies is de minimis, Commerce will instruct
CBP to collect cash deposits at a rate of zero for the Borusan
Companies for all shipments of the subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this administrative review.
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.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return 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 351.221(b)(5).
Dated: January 15, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Non-Shipment Claims
VI. Non-Selected Rate
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether to Include Purchases of All Series Grades of
Hot-Rolled Steel (HRS) in the HRS Benchmark to Measure the Adequacy
of Remuneration for HRS
Comment 2: Whether Commerce Should Include Istikbal's Export
Credit Bank of Turkey (Eximbank) Loan in the Benefit Analysis for
Short Term Pre-Shipment Rediscount Program
X. Recommendation
[FR Doc. 2021-01497 Filed 1-22-21; 8:45 am]
BILLING CODE 3510-DS-P