Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 11227-11230 [2021-03783]

Download as PDF Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices LLC (collectively, the Domestic Interested Parties) for the following producers/exporters: Aperam Inox America Do Sul S.A.; Arcelormittal Brasil S.A.; Companhia Siderugica Do Pece´m (CSP); Gerdau Acominas S.A.; Gerdau Summit Acos Fundidos e Forjados S.A.; La´mina Desplegada S.A. de C.V.; MAHLE Metal Leve S.A.; NVent do Brasil Eletrometalurgica Ltda.; Prensas Schuler S.A.; Signode Brasileira Ltda.; Ternium Brasil Ltda.; and Usinas Siderurgicas de Minas Gerais S.A. (Usiminas).2 On December 8, 2020, pursuant to this request and in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice initiating an administrative review of the AD order on hot-rolled steel flat products from Brazil with respect to the 12 requested companies.3 On February 2, 2021, the Domestic Interested Parties withdrew their request for an administrative review with respect to all of the companies for which it had requested a review.4 khammond on DSKJM1Z7X2PROD with NOTICES Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, the Domestic Interested Parties withdrew their request for review of all companies within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety. issue appropriate assessment instructions to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.42(f)(2) to file a certificate regarding the reimbursement of AD duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of AD duties occurred and the subsequent assessment of doubled AD duties. Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to all 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/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation, which is subject to sanction. Notification to Interested Parties This notice is issues and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: February 18, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–03779 Filed 2–23–21; 8:45 am] Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of hot-rolled steel flat products from Brazil during the POR. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to BILLING CODE 3510–DS–P 2 See Domestic Interested Parties’ Letter, ‘‘HotRolled Steel Flat Products from Brazil: Request for Administrative Review of Antidumping Duty Order,’’ dated October 30, 2020. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 78990 (December 8, 2020). 4 See Domestic Interested Parties’ Letter, ‘‘HotRolled Steel Flat Products from Brazil: Withdrawal of Request for Administrative Review of Antidumping Duty Order,’’ dated February 2, 2021. AGENCY: VerDate Sep<11>2014 17:21 Feb 23, 2021 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [A–489–826] Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that seven companies, including the sole mandatory respondent, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas), a producer and exporter of PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 11227 certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Turkey (Turkey), sold subject merchandise in the United States at prices below normal value during the period of review (POR) October 1, 2018, through September 30, 2019. In addition, Commerce preliminarily determines that six exporters had no shipments during the POR. Lastly, on May 15, 2020, Commerce discontinued the review initiated for Colakoglu Metalurji, A.S., and Colakoglu Dis Ticaret A.S. We invite all interested parties to comment on these preliminary results. DATES: Applicable February 24, 2021. FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2316. SUPPLEMENTARY INFORMATION: Background Commerce is conducting an administrative review of the antidumping duty order on hot-rolled steel from Turkey,1 in accordance with section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). On December 11, 2019, in accordance with 19 CFR 351.221(c)(1)(i), we initiated this administrative review of the Order covering thirteen producers and/or exporters of the subject merchandise.2 On May 15, 2020, Commerce selected Habas as the sole mandatory respondent.3 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.4 Subsequently, on July 21, 1 See Certain Hot-Rolled Steel Flat Products from Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Australia, the Republic of Korea, and the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 (October 3, 2016) (Order); See also Certain Hot-Rolled Steel Flat Products from Turkey: Notice of Court Decision Not in Harmony with the Amended Final Determination in the Less-Than-Fair-Value Investigation; Notice of Amended Final Determination, Amended Antidumping Duty Order, Notice of Revocation of Antidumping Duty Order in Part; and Discontinuation of the 2017–18 and 2018–19 Antidumping Duty Administrative Reviews, in Part, 85 FR 29399 (May 15, 2020) (Timken Notice). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 67712 (December 11, 2019) (Initiation Notice). 3 See Memorandum, ‘‘Respondent Selection Memorandum for Administrative Review of Antidumping Duty Order on Certain Hot-Rolled Steel Flat Products from the Republic of Turkey; 2018–2019,’’ dated May 15, 2020. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty E:\FR\FM\24FEN1.SGM Continued 24FEN1 11228 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.5 On October 2, 2020, we postponed the preliminary results of this review until February 17, 2021.6 For a detailed description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum, dated concurrently with these preliminary results and hereby adopted by this notice.7 Scope of the Order The merchandise covered by the Order is certain hot-rolled steel flat products. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.8 Methodology Commerce is conducting this review in accordance with section 751(a) of the Act. Export prices are calculated in accordance with section 772 of the Act and normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. khammond on DSKJM1Z7X2PROD with NOTICES 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 http://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 6 See Memorandum, ‘‘Certain Hot-Rolled Steel Flat Products from the Republic of Turkey: Antidumping Duty Administrative Review; 2018– 2019; Extension of Deadline for Preliminary Results,’’ dated October 2, 2020. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments: Certain Hot-Rolled Steel Flat Products from Turkey; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 8 Id.; see also Order. VerDate Sep<11>2014 17:55 Feb 23, 2021 Jkt 253001 Preliminary Determination of No Shipments Six producers and/or exporters properly filed a certification reporting that they made no shipments of subject merchandise during the POR: (1) Agir Haddecilik A.S. (Agir); (2) Eregli Demir ve Celik Fabrikalari T.A.S. and (3) Iskenderun Iron & Steel Works Ltd. (a/ k/a/Iskenderun Demir ve Celik A.S.) (collectively, Erdemir Group); 9 (4) Gazi Metal Mamulleri Sanayi ve Ticaret A.S. (Gazi); (5) Seametal Sanayi ve Dis Ticaret Limited Sirketi (Seametal) 10; and (6) Tosyali Holding (Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac A.S.). U.S. Customs and Border Protection (CBP) did not have any information to contradict these claims of no shipments during the POR.11 Therefore, we preliminarily determine that these companies did not have shipments of subject merchandise during the POR. Consistent with Commerce’s practice,12 Commerce finds that it is not appropriate to rescind the review with respect to these six companies, but rather to complete the review and issue appropriate instructions to CBP based on the final results of this review. Discontinuation of Administrative Review On May 15, 2020, Commerce discontinued this review with respect to Colakoglu Metalurji, A.S., and Colakoglu Dis Ticaret A.S., based on the final judgment of the U.S. Court of International Trade in the litigation associated with the underlying lessthan-fair-value investigation.13 9 In the underlying investigation, Commerce collapsed Eregrli Demir ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel Works Co. (collectively, Erdemir Group) as a single entity. See Certain Hot-Rolled Steel Flat Products from the Republic of Turkey: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 15231 (March 22, 2016), and accompanying Preliminary Decision Memorandum at 6, unchanged in Certain Hot-Rolled Steel Flat Products from the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 81 FR 53428 (August 12, 2016). 10 In Commerce’s Initiation Notice, this company was referred to as Seametal San ve Dis Tic. The two names refer to the same company. 11 See Preliminary Decision Memorandum at 4. 12 See, e.g., Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017–2018, 84 FR 34863 (July 19, 2019), and accompanying Preliminary Decision Memorandum at 4. 13 See Certain Hot-Rolled Steel Flat Products from Turkey: Notice of Court Decision Not in Harmony with the Amended Final Determination in the LessThan-Fair-Value Investigation; Notice of Amended Final Determination, Amended Antidumping Duty Order, Notice of Revocation of Antidumping Duty PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Rate for Non-Examined Companies The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a less-than-fair-value investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.’’ In this review, we have preliminarily calculated a weighted-average dumping margin for Habas that is not zero, de minimis, or determined entirely on the basis of facts available. Accordingly, we have preliminarily assigned to the companies not individually examined a weighted-average dumping margin of 21.48 percent, which is the weightedaverage dumping margin calculated for Habas. Preliminary Results We preliminarily determine the following weighted-average dumping margins for the period October 1, 2018, through September 30, 2019: Producer and exporter Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S .................................... Weightedaverage dumping margin (percent) 21.48 Review-Specific Average Rate Applicable to the Following Companies: 14 Order in Part; and Discontinuation of the 2017–18 and 2018–19 Antidumping Duty Administrative Reviews, in Part, 85 FR 29399 (May 15, 2020). 14 This rate is based on the rates for the respondents that were selected for individual review, excluding rates that are zero, de minimis, or based entirely on facts available. See section 735(c)(5)(A) of the Act. See Memorandum, ‘‘Final Results of the Antidumping Administrative Review of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea: Calculation of the Cash Deposit Rate for NonReviewed Companies,’’ dated July 6, 2020. E:\FR\FM\24FEN1.SGM 24FEN1 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices Weightedaverage dumping margin (percent) Producer and/or exporters khammond on DSKJM1Z7X2PROD with NOTICES Cag Celik Demir ve Celik ........... Habas Industrial and Medical Gases Production Industries Inc ........................................... MMK Atakas Metalurji ................ Ozkan Iron and Steel Ind ........... 21.48 21.48 21.48 21.48 Assessment Rates Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.15 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable.16 Commerce intends to issue assessment instructions to 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). Pursuant to 19 CFR 351.212(b)(1), where an examined respondent’s weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), we calculated an importerspecific ad valorem duty assessment rate based on the ratio of the total amount of dumping calculated for the U.S. sales for a given importer to the total entered value of those sales. Where the mandatory respondent did not report entered value, we calculated the entered value in order to calculate the assessment rate. Where either the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the companies that were not selected for individual examination, we will instruct CBP to assess antidumping duties at an ad valorem rate equal to each company’s weighted-average dumping margin determined in the final results of this review. For entries of subject merchandise during the POR produced by Habas for which it did not know that its merchandise was destined for the 15 See 16 See 19 CFR 351.212(b). section 751(a)(2)(C) of the Act. VerDate Sep<11>2014 17:21 Feb 23, 2021 Jkt 253001 United States and for all entries attributed to the companies that we find had no shipments during the POR, we will instruct CBP to liquidate such unreviewed entries pursuant to the reseller policy,17 i.e., the assessment rate for such entries will be equal to the allothers rate established in the investigation (i.e., 2.73 percent),18 if there is no rate for the intermediate company(ies) involved in the transaction. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific company listed above will be equal to each company’s weighted-average dumping margin established in the final results of this review, (except if the ad valorem rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero); (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the underlying investigation, but the producer is, then the cash deposit rate will be the rate established for the completed segment for the most recent POR for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 2.73 percent, the allothers rate established in the underlying investigation.19 These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after 17 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 18 See Timken Notice. 19 See Certain Hot-Rolled Steel Flat Products from Turkey: Notice of Court Decision Not in Harmony with the Amended Final Determination in the LessThan-Fair-Value Investigation; Notice of Amended Final Determination, Amended Antidumping Duty Order, Notice of Revocation of Antidumping Duty Order in Part; and Discontinuation of the 2017–18 and 2018–19 Antidumping Duty Administrative Reviews, in Part, 85 FR 29399 (May 15, 2020). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 11229 the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.20 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the time limit for filing case briefs.21 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.22 Executive summaries should be limited to five pages total, including footnotes. Case and rebuttal briefs should be filed using ACCESS and must be served on interested parties.23 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.24 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined.25 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. An electronically-filed request for a hearing must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.26 Final Results of Review Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in all written briefs, not later than 120 days after the publication of these preliminary results in the Federal Register pursuant to section 751(a)(3)(A) of the Act and 19 CFR 20 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for general filing requirements). 21 See 19 CFR 351.309(d)(1). 22 See 19 CFR 351.309(c)(2) and (d)(2). 23 See 19 CFR 351.303. 24 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 25 See 19 CFR 351.310(c). 26 See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1). E:\FR\FM\24FEN1.SGM 24FEN1 11230 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices 351.213(h)(1), unless otherwise extended.27 DATES: Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Thomas Hanna, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0835. SUPPLEMENTARY INFORMATION: Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: February 17, 2021. Christian Marsh, Acting 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. Preliminary Determination of No Shipments V. Companies Not Selected for Individual Examination VI. Period of Review VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2021–03783 Filed 2–23–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–815] Light-Walled Rectangular Pipe and Tube From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Noksel Celik Boru Sanayi A.S. (Noksel) made U.S. sales of light-walled rectangular pipe and tube (LWRPT) from Turkey at less than normal value during the period of review (POR) i.e., May 1, 2018, through April 30, 2019. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: 27 See section 751(a)(3)(A) of the Act. VerDate Sep<11>2014 17:21 Feb 23, 2021 Jkt 253001 Applicable February 24, 2021. FOR FURTHER INFORMATION CONTACT: Background On July 24, 2020, Commerce published the Preliminary Results for the administrative review of the antidumping duty (AD) order covering LWRPT from Turkey for the POR, May 1, 2018, through April 30, 2019.1 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by 60 days, thereby extending the deadline for these final results until January 19, 2021.2 On August 24, 2020, Commerce received case briefs from Nucor Tubular Products Inc. (Nucor) and Noksel.3 On August 31, 2020, Commerce received a rebuttal brief from Nucor.4 On January 15, 2021, Commerce extended the deadline for these final results of review until February 16, 2021.5 Scope of the Order The merchandise covered by the AD order is certain welded carbon quality light-walled steel pipe and tube, of rectangular (including square) cross section, having a wall thickness of less than 4 millimeters. The merchandise subject to the order is classified in the Harmonized Tariff Schedule of the United States at subheadings 7306.61.50.00 and 7306.61.70.60. For a complete description of the scope of the order, see the Issues and Decision Memorandum.6 1 See Light-Walled Rectangular Pipe and Tube from Turkey: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Determination of No Shipments; 2018– 2019, 85 FR 44861 (July 24, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 3 See Noksel’s Letter, ‘‘Light-Walled Rectangular Pipe And Tube from Turkey: Noksel’s Case Brief,’’ dated August 24, 2020; see also Nucor’s Letter, ‘‘Light-Walled Rectangular Pipe and Tube from Turkey: Nucor Tubular’s Case Brief and Request to Participate in Any Hearing Requested,’’ dated August 24, 2020. 4 See Nucor’s Letter, ‘‘Light-Walled Rectangular Pipe and Tube from Turkey: Nucor Tubular’s Rebuttal Brief,’’ dated August 31, 2020. 5 See Memorandum, ‘‘Light-Walled Rectangular Pipe and Tube from Turkey: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated January 15, 2021. 6 See Memorandum ‘‘2018–2019 Antidumping Duty Administrative Review of Light-Walled Rectangular Pipe and Tube from Turkey: Issues and Decision Memorandum for the Final Results,’’ dated PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs filed in this administrative review in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the sections in the Issues and Decision Memorandum is 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results We made the following changes to the preliminary dumping margin calculations: (1) We revised the methodology used to assign costs to products that were sold during the POR, but not produced during the POR (see Comment 3 in the Issues and Decision Memorandum); (2) we included international freight and loading expenses in U.S. movement expenses (see Comment 4 in the Issues and Decision Memorandum); and (3) we calculated indexed costs using theoretical, rather than actual, production quantities (see Comment 5 in the Issues and Decision Memorandum). Final Determination of No Shipments In the Preliminary Results, we found that the following six companies made no shipments of subject merchandise to the United States during the POR: (1) C ¸ ayirova Boru Sanayi ve Ticaret A.S.; (2) Yu¨cel Boru ve Profil Endu¨strisi A.S.; (3) Yu¨celboru Ihracat Ithalat ve Pazarlama A.S.; (4) Tosc¸elik Profil ve Sac Endu¨strisi A.S.; (5) Tosyali Dis Ticaret A.S.; and (6) Toscelik Metal Ticaret A.S.7 No parties commented on this determination. For the final results of review, we continue to find that these companies made no shipments of subject merchandise to the United States during the POR. Final Results of Review We are assigning following dumping margin to the firm listed below for the concurrently with this notice (Issues and Decision Memorandum). 7 See Preliminary Results. E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Notices]
[Pages 11227-11230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03783]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-826]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Turkey: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that seven companies, including the sole mandatory respondent, Habas 
Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas), a producer and 
exporter of certain hot-rolled steel flat products (hot-rolled steel) 
from the Republic of Turkey (Turkey), sold subject merchandise in the 
United States at prices below normal value during the period of review 
(POR) October 1, 2018, through September 30, 2019. In addition, 
Commerce preliminarily determines that six exporters had no shipments 
during the POR. Lastly, on May 15, 2020, Commerce discontinued the 
review initiated for Colakoglu Metalurji, A.S., and Colakoglu Dis 
Ticaret A.S. We invite all interested parties to comment on these 
preliminary results.

DATES: Applicable February 24, 2021.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on hot-rolled steel from Turkey,\1\ in accordance with 
section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). On 
December 11, 2019, in accordance with 19 CFR 351.221(c)(1)(i), we 
initiated this administrative review of the Order covering thirteen 
producers and/or exporters of the subject merchandise.\2\ On May 15, 
2020, Commerce selected Habas as the sole mandatory respondent.\3\
---------------------------------------------------------------------------

    \1\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Order); See also Certain Hot-Rolled Steel Flat 
Products from Turkey: Notice of Court Decision Not in Harmony with 
the Amended Final Determination in the Less-Than-Fair-Value 
Investigation; Notice of Amended Final Determination, Amended 
Antidumping Duty Order, Notice of Revocation of Antidumping Duty 
Order in Part; and Discontinuation of the 2017-18 and 2018-19 
Antidumping Duty Administrative Reviews, in Part, 85 FR 29399 (May 
15, 2020) (Timken Notice).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 67712 (December 11, 2019) (Initiation 
Notice).
    \3\ See Memorandum, ``Respondent Selection Memorandum for 
Administrative Review of Antidumping Duty Order on Certain Hot-
Rolled Steel Flat Products from the Republic of Turkey; 2018-2019,'' 
dated May 15, 2020.
---------------------------------------------------------------------------

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ Subsequently, on July 21,

[[Page 11228]]

2020, Commerce tolled all deadlines in administrative reviews by an 
additional 60 days.\5\ On October 2, 2020, we postponed the preliminary 
results of this review until February 17, 2021.\6\ For a detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum, dated concurrently with these 
preliminary results and hereby adopted by this notice.\7\
---------------------------------------------------------------------------

    \4\ 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.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Turkey: Antidumping Duty Administrative Review; 
2018-2019; Extension of Deadline for Preliminary Results,'' dated 
October 2, 2020.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Certain Hot-Rolled Steel Flat 
Products from Turkey; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is certain hot-rolled steel 
flat products. For a complete description of the scope of the Order, 
see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------

    \8\ Id.; see also Order.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export prices are calculated in accordance with 
section 772 of the Act and normal value is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Determination of No Shipments

    Six producers and/or exporters properly filed a certification 
reporting that they made no shipments of subject merchandise during the 
POR: (1) Agir Haddecilik A.S. (Agir); (2) Eregli Demir ve Celik 
Fabrikalari T.A.S. and (3) Iskenderun Iron & Steel Works Ltd. (a/k/a/
Iskenderun Demir ve Celik A.S.) (collectively, Erdemir Group); \9\ (4) 
Gazi Metal Mamulleri Sanayi ve Ticaret A.S. (Gazi); (5) Seametal Sanayi 
ve Dis Ticaret Limited Sirketi (Seametal) \10\; and (6) Tosyali Holding 
(Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac A.S.). 
U.S. Customs and Border Protection (CBP) did not have any information 
to contradict these claims of no shipments during the POR.\11\ 
Therefore, we preliminarily determine that these companies did not have 
shipments of subject merchandise during the POR. Consistent with 
Commerce's practice,\12\ Commerce finds that it is not appropriate to 
rescind the review with respect to these six companies, but rather to 
complete the review and issue appropriate instructions to CBP based on 
the final results of this review.
---------------------------------------------------------------------------

    \9\ In the underlying investigation, Commerce collapsed Eregrli 
Demir ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel Works 
Co. (collectively, Erdemir Group) as a single entity. See Certain 
Hot-Rolled Steel Flat Products from the Republic of Turkey: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 81 FR 15231 (March 
22, 2016), and accompanying Preliminary Decision Memorandum at 6, 
unchanged in Certain Hot-Rolled Steel Flat Products from the 
Republic of Turkey: Final Determination of Sales at Less Than Fair 
Value, 81 FR 53428 (August 12, 2016).
    \10\ In Commerce's Initiation Notice, this company was referred 
to as Seametal San ve Dis Tic. The two names refer to the same 
company.
    \11\ See Preliminary Decision Memorandum at 4.
    \12\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Turkey: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019), and 
accompanying Preliminary Decision Memorandum at 4.
---------------------------------------------------------------------------

Discontinuation of Administrative Review

    On May 15, 2020, Commerce discontinued this review with respect to 
Colakoglu Metalurji, A.S., and Colakoglu Dis Ticaret A.S., based on the 
final judgment of the U.S. Court of International Trade in the 
litigation associated with the underlying less-than-fair-value 
investigation.\13\
---------------------------------------------------------------------------

    \13\ See Certain Hot-Rolled Steel Flat Products from Turkey: 
Notice of Court Decision Not in Harmony with the Amended Final 
Determination in the Less-Than-Fair-Value Investigation; Notice of 
Amended Final Determination, Amended Antidumping Duty Order, Notice 
of Revocation of Antidumping Duty Order in Part; and Discontinuation 
of the 2017-18 and 2018-19 Antidumping Duty Administrative Reviews, 
in Part, 85 FR 29399 (May 15, 2020).
---------------------------------------------------------------------------

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a less-
than-fair-value investigation, for guidance when calculating the rate 
for companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
---------------------------------------------------------------------------

    \14\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act. See Memorandum, ``Final Results of the 
Antidumping Administrative Review of Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from the Republic of Korea: Calculation 
of the Cash Deposit Rate for Non-Reviewed Companies,'' dated July 6, 
2020.
---------------------------------------------------------------------------

    In this review, we have preliminarily calculated a weighted-average 
dumping margin for Habas that is not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, we have 
preliminarily assigned to the companies not individually examined a 
weighted-average dumping margin of 21.48 percent, which is the 
weighted-average dumping margin calculated for Habas.

Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period October 1, 2018, through September 30, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Producer and exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S........       21.48
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies: 
\14\

[[Page 11229]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporters                     dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Cag Celik Demir ve Celik....................................       21.48
Habas Industrial and Medical Gases Production Industries Inc       21.48
MMK Atakas Metalurji........................................       21.48
Ozkan Iron and Steel Ind....................................       21.48
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\15\ The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by this review and for future deposits of estimated duties, 
where applicable.\16\ Commerce intends to issue assessment instructions 
to 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).
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b).
    \16\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent), we calculated an importer-specific ad valorem duty 
assessment rate based on the ratio of the total amount of dumping 
calculated for the U.S. sales for a given importer to the total entered 
value of those sales. Where the mandatory respondent did not report 
entered value, we calculated the entered value in order to calculate 
the assessment rate. Where either the respondent's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    For the companies that were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem rate equal to each company's weighted-average dumping margin 
determined in the final results of this review.
    For entries of subject merchandise during the POR produced by Habas 
for which it did not know that its merchandise was destined for the 
United States and for all entries attributed to the companies that we 
find had no shipments during the POR, we will instruct CBP to liquidate 
such unreviewed entries pursuant to the reseller policy,\17\ i.e., the 
assessment rate for such entries will be equal to the all-others rate 
established in the investigation (i.e., 2.73 percent),\18\ if there is 
no rate for the intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------

    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \18\ See Timken Notice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be equal to each company's weighted-average 
dumping margin established in the final results of this review, (except 
if the ad valorem rate is de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero); (2) 
for previously investigated companies not participating in this review, 
the cash deposit will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, or the underlying investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the completed segment for the most recent POR for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 2.73 percent, the all-others rate 
established in the underlying investigation.\19\
---------------------------------------------------------------------------

    \19\ See Certain Hot-Rolled Steel Flat Products from Turkey: 
Notice of Court Decision Not in Harmony with the Amended Final 
Determination in the Less-Than-Fair-Value Investigation; Notice of 
Amended Final Determination, Amended Antidumping Duty Order, Notice 
of Revocation of Antidumping Duty Order in Part; and Discontinuation 
of the 2017-18 and 2018-19 Antidumping Duty Administrative Reviews, 
in Part, 85 FR 29399 (May 15, 2020).
---------------------------------------------------------------------------

    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice in accordance 
with 19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\20\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the time limit for filing case briefs.\21\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\22\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS and must be served on interested parties.\23\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\24\
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \21\ See 19 CFR 351.309(d)(1).
    \22\ See 19 CFR 351.309(c)(2) and (d)(2).
    \23\ See 19 CFR 351.303.
    \24\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Hearing requests should contain: (1) The party's name, address, 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined.\25\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \25\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\26\
---------------------------------------------------------------------------

    \26\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

Final Results of Review

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in all 
written briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register pursuant to section 
751(a)(3)(A) of the Act and 19 CFR

[[Page 11230]]

351.213(h)(1), unless otherwise extended.\27\
---------------------------------------------------------------------------

    \27\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: February 17, 2021.
Christian Marsh,
Acting 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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Period of Review
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-03783 Filed 2-23-21; 8:45 am]
BILLING CODE 3510-DS-P