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]
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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
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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:
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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
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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
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Continued
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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.
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The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
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.
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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
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Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a 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.
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices
Weightedaverage
dumping
margin
(percent)
Producer and/or exporters
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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.
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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).
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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).
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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.
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AGENCY:
27 See
section 751(a)(3)(A) of the Act.
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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
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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 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 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]
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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 https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content.
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.
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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.
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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.
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\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\18\ See Timken Notice.
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Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to each company's weighted-average
dumping margin established in the final results of this review, (except
if the 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\
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\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\
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\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\
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\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\
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\27\ See section 751(a)(3)(A) of the Act.
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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
