Circular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review, in Part; Calendar Year 2019, 29754-29756 [2021-11680]
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29754
Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices
discussed in the Issues and Decision
Memorandum is attached as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance
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.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, we determine that
revocation of the CVD Order on
seamless pipe from China would be
likely to lead to continuation or
recurrence of a net countervailable
subsidy at the following rates:
Net
countervailable
subsidy
(percent)
Manufacturers/producers/exporters
Tianjin Pipe (Group) Corp., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin Pipe
International Economic and Trading Co., Ltd., TPCO Charging Development Co., Ltd ................................................................
Hengyang Steel Tube Group Int’l Trading, Inc., Hengyang Valin Steel Tube Co., Ltd., Hengyang Valin MPM Tube Co., Ltd.,
Xigang Seamless Steel Tube Co., Ltd., Wuxi Seamless Special Pipe Co., Ltd., Wuxi Resources Steel Making Co., Ltd.,
Jiangsu Xigang Group Co., Ltd., Hunan Valin Xiangtan Iron & Steel Co., Ltd., Wuxi Sifang Steel Tube Co., Ltd., Hunan Valin
Steel Co., Ltd., Hunan Valin Iron & Steel Group Co., Ltd ..............................................................................................................
All Others .............................................................................................................................................................................................
Notification Regarding Administrative
Protective Order (APO)
VIII. Recommendation
This notice serves as the only
reminder to parties subject to APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a).
Timely notification of destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
BILLING CODE 3510–DS–P
49.56
28.90
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8362.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the CVD Order
IV. History of the CVD Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that exporters/producers of circular
welded carbon steel pipes and tubes
from the Republic of Turkey (Turkey)
received countervailable subsidies
during the period of review (POR),
January 1, 2019, through December 31,
2019.
DATES: Applicable June 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
On March 7, 1986, Commerce
published in the Federal Register the
countervailing duty order on circular
welded carbon steel pipes and tubes
from Turkey.1 On May 6, 2020,
Commerce published a notice of
initiation of an administrative review of
the Order covering 37 companies.2 On
June 2, 2020, Commerce selected the
Borusan Companies 3 as the sole
mandatory respondent for individual
examination in this administrative
review.4 On July 21, 2020, Commerce
tolled all deadlines in administrative
reviews by 60 days.5 On December 7,
2020, Commerce extended the due date
of the preliminary results of this
administrative review until May 28,
2021.6
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.7 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
hereby adopted by, this notice (Issues and Decision
Memorandum).
1 See Countervailing Duty Order; Certain Welded
Carbon Steel Pipe and Tube Products from Turkey,
51 FR 7984 (March 7, 1986) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
26931 (May 6, 2020) (Initiation).
3 The Borusan Companies are Borusan Holding
A.S. (also referred to as Borusan Holding), Borusan
Mannesmann Boru Yatirim Holding (BMBY),
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(Borusan), and Borusan Istikbal Ticaret T.A.S.
(Borusan Istikbal).
4 See Memorandum, ‘‘Selection of Respondents
for Individual Examination,’’ dated June 2, 2020
(Respondent Selection Memorandum).
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 See Memorandum, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey: Extension of
Deadline for Preliminary Results of Countervailing
Duty Administrative Review,’’ dated December 7,
2020.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review: Certain Welded Carbon
Steel Pipe and Tube Products from the Republic of
Turkey; 2019,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
Notification to Interested Parties
Commerce is issuing and publishing
these final results and this notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: May 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
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International Trade Administration
[C–489–502]
Circular Welded Carbon Steel Pipes
and Tubes From the Republic of
Turkey: Preliminary Results of
Countervailing Duty Administrative
Review and Intent To Rescind the
Review, in Part; Calendar Year 2019
AGENCY:
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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices
(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/.
Scope of the Order
The merchandise covered by the
Order is circular welded carbon steel
pipes and tubes from Turkey. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found to be countervailable,
we preliminarily determine that there is
a subsidy, i.e., a financial contribution
by an ‘‘authority’’ that confers a benefit
to the recipient, and that the subsidy is
specific.8 For a full description of the
methodology underlying our
conclusions, see the accompanying
Preliminary Decision Memorandum.
Intent To Rescind Administrative
Review, in Part
On May 11, 2020, Erbosan Erciyas
Boru Sanayi ve Ticaret A.S. (Erbosan)
timely filed a no-shipments
certification.9 On May 18, 2020,
Toscelik Profil ve Sac Endustrisi A.S.,
Tosyali Dis Ticaret A.S., and Toscelik
Metal Ticaret A.S. (collectively, the
Tosc
¸elik Companies), timely submitted
a no-shipments certification.10 On May
20, 2020, Cayirova Boru Sanayi ve
Ticaret A.S., Yucel Boru ve Profil
Endustrisi A.S. and Yucelboru Ihracat
Ithalat ve Pazarlama A.S. (collectively,
the Yucel Companies) timely filed a noshipments certification.11 On June 15,
2020, Cinar Boru Profil Sanayi ve
Ticaret Anonim Sirketi (Cinar Boru)
submitted a claim of no shipment.12
Based on information received from
U.S. Customs and Border Protection
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8 See
sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See Erbosan’s Letter, ‘‘No Shipment
Certification of Erbosan Erciyas Boru Sanayi ve
Ticaret A.S. (Erbosan) in the 2019 Administrative
Review of the Countervailing Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from
Turkey,’’ dated May 11, 2020.
10 See Toscelik Companies’ Letter, ‘‘Circular
Welded Carbon Steel Pipe from Turkey; Tosc¸elik
No Shipments Letter,’’ dated May 18, 2020.
11 See Yucel Companies’ Letter, ‘‘Circular Welded
Carbon Steel Pipe from Turkey; Yucel No
Shipments Letter,’’ dated May 20, 2020.
12 See Cinar Boru’s Letter, ‘‘Circular Welded
Carbon Steel Pipes and Tubes from Turkey (C–489–
502),’’ dated June 15, 2020.
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(CBP),13 as well as CBP’s responses to
our further inquiries,14 we intend to
rescind the administrative review with
regard to Toscelik Companies, the Yucel
Companies, and Cinar Boru in
accordance with 19 CFR 351.213(d)(3)
in the final results of review.
Additionally, on June 8, 2020, the
Borusan Companies submitted a letter to
Commerce timely certifying that
Borusan Istikbal, Borusan Birlesik Boru
Fabrikalari San ve Tic. (Borusan
Fabrikalari), Borusan Gemlik Boru
Tesisleri A.S. (Borusan Gemlik),
Borusan Ihracat Ithalat ve Dagitim A.S.
(Borusan Dagitim), Tubeco Pipe and
Steel Corporation (Tubeco), and
Borusan Lojistik Dagitim Depolama
Tasimacilik ve Ticaret A.S. (Borusan
Lojistik) had no entries, exports, or sales
of subject merchandise during the
POR.15 Based on information from CBP,
we intend to rescind the administrative
review with regard to Borusan
Fabrikalari, Borusan Gemlik, Borusan
Dagitim, Tubeco, and Borusan Lojistik
in accordance with 19 CFR
351.213(d)(3).16 We do not intend to
rescind the review for Istikbal, because
we preliminarily determine that it is
part of the cross-owned entity referred
to as the Borusan Companies, the
mandatory respondent in this review.
Regarding Erbosan, the results of the
query Commerce performed on the trade
database maintained by CBP indicated
that shipments produced and/or
exported by Erbosan entered the United
States during the POR.17 Consistent
with Commerce’s findings in the
Respondent Selection Memorandum,18
we preliminarily determine that subject
merchandise produced and/or exported
by Erbosan entered the United States
during the POR,. Therefore, we are not
rescinding the review with regard to
Erbosan.
13 See
Memorandum, ‘‘Results of Customs and
Border Protection Query Results,’’ dated May 11,
2020 (CBP Query Memorandum).
14 See Memorandum, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey
(C–489–502): Cinar Boru,’’ dated July 9, 2020;
Memorandum, ‘‘Circular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey (C–
489–502): Certain Borusan Companies,’’ dated July
9, 2020; and Memorandum, ‘‘Circular Welded
Carbon Steel Pipes and Tubes from the Republic of
Turkey (C–489–502): Yucel Companies and
Toscelik Companies,’’ dated September 15, 2020.
We collectively refer to these memoranda as the No
Shipment Memoranda for Various Companies.
15 See Borusan Companies’ Letter, ‘‘Circular
Welded Carbon Steel Pines and Tubes from Turkey.
Case No. C–489–502: No Shipment Letter,’’ dated
June 5, 2020.
16 See No Shipment Memoranda for Various
Companies.
17 See CBP Query Memorandum.
18 See Respondent Selection Memorandum at 5.
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29755
Preliminary Results of the Review
In accordance with section
751(a)(1)(A) of the Act and 19 CFR
351.221(b)(4), for the period January 1,
2019, through December 31, 2019, we
determine that the net subsidy rates for
the producers/exporters under review to
be as follows:
Company
Borusan Holding A.S.,
Borusan Mannesmann
Boru Yatirim Holding,
Borusan Mannesmann
Boru Sanayi ve Ticaret
A.S., and Borusan Istikbal
Ticaret T.A.S. (collectively,
the Borusan Companies) ..
Borusan Mannesmann .........
Borusan Ithicat ve Dagitim
A.S ....................................
Borusan Mannesmann Pipe
US, Inc ..............................
Cagil Makina Sanayi ve
Ticaret A.S ........................
Cimtas Boru Imalatlari ve
Ticaret Sirketi ....................
Eksen Makina .......................
Erbosan Erciyas Boru Sanayi
ve Ticaret A.S ...................
Guner Eksport ......................
Guven Celik Boru San. Ve
Tic. Ltd. (also known as
Guven Steel Pipe) .............
HDM Celik Boru Sanayi ve
Ticaret Ltd. Sti ...................
Kale Baglanti Teknolojileri
San ve Tic. A.S .................
Kalibre Boru Sanayi ve
Ticaret A.S ........................
MTS Lojistik ve Tasimacilik
Hizmetleri TIC A.S.
Istanbul ..............................
Net Boru Sanayi ve Dis
Ticaret Koll. Sti ..................
Noksel Celik Boru Sanayi
A.S ....................................
Perfektup Ambalaj San. ve
Tic. A.S .............................
Schenker Arkas Nakliyat ve
Ticaret A.S ........................
Umran Celik Boru Sanayii
A.S. (also known as
Umran Steel Pipe Inc.) .....
Vespro Muhendislik Mimarlik
Danismanlik Sanayi ve
Ticaret A.S ........................
Net subsidy
rate
(percent)
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
0.83
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
shall determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review. For the
companies for which we intend to
rescind this review, upon issuance of
the final rescission, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2019, through
December 31, 2019, in accordance with
19 CFR 351.212(c)(1)(i). 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, upon issuance of the final results,
Commerce also intends to instruct CBP
to collect cash deposits of estimated
countervailing duties for each of the
companies listed above on shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, except, where
the rate calculated in the final results is
zero or de minimis, no cash deposit will
be required. For all non-reviewed firms,
we will instruct CBP to continue to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.19 Interested parties may submit
written arguments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within seven
days after the time limit for filing the
case briefs.20 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs may
respond only to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
19 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
20 See
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17:23 Jun 02, 2021
Jkt 253001
table of authorities.21 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.22
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice.23 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. Issues addressed
during the hearing will be limited to
those raised in the briefs.24 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.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by parties in their
comments, within 120 days after
issuance of these preliminary results.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: May 27, 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. Period of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. No-Shipment Claims and Intent to
Rescind
VII. Non-Selected Rate
VIII. Analysis of Programs
21 See
19 CFR 351.309(c)(2) and 351.309(d)(2).
Temporary Rule.
23 See 19 CFR 351.310(c).
24 See 19 CFR 351.310(c).
25 See 19 CFR 351.310.
22 See
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IX. Recommendation
[FR Doc. 2021–11680 Filed 6–2–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Judges Panel of the Malcolm Baldrige
National Quality Award
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of partially closed
meeting.
AGENCY:
The Judges Panel of the
Malcolm Baldrige National Quality
Award (Judges Panel) will meet on
Wednesday, June 16, 2021, from 11:00
a.m. to 4:00 p.m. Eastern time. The
purpose of this meeting is to discuss
and review the role and responsibilities
of the Judges Panel and information
received from the National Institute of
Standards and Technology (NIST) in
order to ensure the integrity of the
Malcolm Baldrige National Quality
Award (Award) selection process. The
agenda will include: Judges Panel roles
and processes; Baldrige Program
updates; new business/public comment;
lessons learned from the 2020 judging
process; and the 2021 Award process. A
portion of this meeting is closed to the
public in order to protect the
proprietary data to be examined and
discussed.
DATES: The Judges Panel will meet on
Wednesday, June 16, 2021 from 11:00
a.m. Eastern Time until 4:00 p.m.
Eastern Time. The portion of the
meeting that is closed to the public will
take place on Wednesday, June 16, 2021
from 2:00 p.m. to 4:00 p.m.
ADDRESSES: The meeting will be a
virtual meeting by webinar. Please note
admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Robert Fangmeyer, Director, Baldrige
Performance Excellence Program, email
robert.fangmeyer@nist.gov.
SUPPLEMENTARY INFORMATION:
Authority: 15 U.S.C. 3711a(d)(1) as
amended, and the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
Judges Panel of the Malcolm Baldrige
National Quality Award will meet on
Wednesday, June 16, 2021 from 11:00
a.m. to 4:00 p.m. Eastern Time. The
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29754-29756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11680]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipes and Tubes From the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review, in Part; Calendar Year 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that exporters/producers of circular welded carbon steel pipes and
tubes from the Republic of Turkey (Turkey) received countervailable
subsidies during the period of review (POR), January 1, 2019, through
December 31, 2019.
DATES: Applicable June 3, 2021.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8362.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 1986, Commerce published in the Federal Register the
countervailing duty order on circular welded carbon steel pipes and
tubes from Turkey.\1\ On May 6, 2020, Commerce published a notice of
initiation of an administrative review of the Order covering 37
companies.\2\ On June 2, 2020, Commerce selected the Borusan Companies
\3\ as the sole mandatory respondent for individual examination in this
administrative review.\4\ On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by 60 days.\5\ On December 7, 2020,
Commerce extended the due date of the preliminary results of this
administrative review until May 28, 2021.\6\
---------------------------------------------------------------------------
\1\ See Countervailing Duty Order; Certain Welded Carbon Steel
Pipe and Tube Products from Turkey, 51 FR 7984 (March 7, 1986)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 26931 (May 6, 2020) (Initiation).
\3\ The Borusan Companies are Borusan Holding A.S. (also
referred to as Borusan Holding), Borusan Mannesmann Boru Yatirim
Holding (BMBY), Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(Borusan), and Borusan Istikbal Ticaret T.A.S. (Borusan Istikbal).
\4\ See Memorandum, ``Selection of Respondents for Individual
Examination,'' dated June 2, 2020 (Respondent Selection Memorandum).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\6\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Turkey: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review,'' dated December 7, 2020.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics discussed in the Preliminary Decision Memorandum is
included in the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System
[[Page 29755]]
(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/.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review: Certain
Welded Carbon Steel Pipe and Tube Products from the Republic of
Turkey; 2019,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is circular welded carbon
steel pipes and tubes from Turkey. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\8\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Intent To Rescind Administrative Review, in Part
On May 11, 2020, Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan) timely filed a no-shipments certification.\9\ On May 18,
2020, Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S.,
and Toscelik Metal Ticaret A.S. (collectively, the Tos[ccedil]elik
Companies), timely submitted a no-shipments certification.\10\ On May
20, 2020, Cayirova Boru Sanayi ve Ticaret A.S., Yucel Boru ve Profil
Endustrisi A.S. and Yucelboru Ihracat Ithalat ve Pazarlama A.S.
(collectively, the Yucel Companies) timely filed a no-shipments
certification.\11\ On June 15, 2020, Cinar Boru Profil Sanayi ve
Ticaret Anonim Sirketi (Cinar Boru) submitted a claim of no
shipment.\12\ Based on information received from U.S. Customs and
Border Protection (CBP),\13\ as well as CBP's responses to our further
inquiries,\14\ we intend to rescind the administrative review with
regard to Toscelik Companies, the Yucel Companies, and Cinar Boru in
accordance with 19 CFR 351.213(d)(3) in the final results of review.
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\9\ See Erbosan's Letter, ``No Shipment Certification of Erbosan
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) in the 2019
Administrative Review of the Countervailing Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from Turkey,'' dated May
11, 2020.
\10\ See Toscelik Companies' Letter, ``Circular Welded Carbon
Steel Pipe from Turkey; Tos[ccedil]elik No Shipments Letter,'' dated
May 18, 2020.
\11\ See Yucel Companies' Letter, ``Circular Welded Carbon Steel
Pipe from Turkey; Yucel No Shipments Letter,'' dated May 20, 2020.
\12\ See Cinar Boru's Letter, ``Circular Welded Carbon Steel
Pipes and Tubes from Turkey (C-489-502),'' dated June 15, 2020.
\13\ See Memorandum, ``Results of Customs and Border Protection
Query Results,'' dated May 11, 2020 (CBP Query Memorandum).
\14\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey (C-489-502): Cinar Boru,'' dated
July 9, 2020; Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey (C-489-502): Certain Borusan
Companies,'' dated July 9, 2020; and Memorandum, ``Circular Welded
Carbon Steel Pipes and Tubes from the Republic of Turkey (C-489-
502): Yucel Companies and Toscelik Companies,'' dated September 15,
2020. We collectively refer to these memoranda as the No Shipment
Memoranda for Various Companies.
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Additionally, on June 8, 2020, the Borusan Companies submitted a
letter to Commerce timely certifying that Borusan Istikbal, Borusan
Birlesik Boru Fabrikalari San ve Tic. (Borusan Fabrikalari), Borusan
Gemlik Boru Tesisleri A.S. (Borusan Gemlik), Borusan Ihracat Ithalat ve
Dagitim A.S. (Borusan Dagitim), Tubeco Pipe and Steel Corporation
(Tubeco), and Borusan Lojistik Dagitim Depolama Tasimacilik ve Ticaret
A.S. (Borusan Lojistik) had no entries, exports, or sales of subject
merchandise during the POR.\15\ Based on information from CBP, we
intend to rescind the administrative review with regard to Borusan
Fabrikalari, Borusan Gemlik, Borusan Dagitim, Tubeco, and Borusan
Lojistik in accordance with 19 CFR 351.213(d)(3).\16\ We do not intend
to rescind the review for Istikbal, because we preliminarily determine
that it is part of the cross-owned entity referred to as the Borusan
Companies, the mandatory respondent in this review.
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\15\ See Borusan Companies' Letter, ``Circular Welded Carbon
Steel Pines and Tubes from Turkey. Case No. C-489-502: No Shipment
Letter,'' dated June 5, 2020.
\16\ See No Shipment Memoranda for Various Companies.
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Regarding Erbosan, the results of the query Commerce performed on
the trade database maintained by CBP indicated that shipments produced
and/or exported by Erbosan entered the United States during the
POR.\17\ Consistent with Commerce's findings in the Respondent
Selection Memorandum,\18\ we preliminarily determine that subject
merchandise produced and/or exported by Erbosan entered the United
States during the POR,. Therefore, we are not rescinding the review
with regard to Erbosan.
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\17\ See CBP Query Memorandum.
\18\ See Respondent Selection Memorandum at 5.
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Preliminary Results of the Review
In accordance with section 751(a)(1)(A) of the Act and 19 CFR
351.221(b)(4), for the period January 1, 2019, through December 31,
2019, we determine that the net subsidy rates for the producers/
exporters under review to be as follows:
------------------------------------------------------------------------
Net subsidy
Company rate (percent)
------------------------------------------------------------------------
Borusan Holding A.S., Borusan Mannesmann Boru Yatirim 0.83
Holding, Borusan Mannesmann Boru Sanayi ve Ticaret
A.S., and Borusan Istikbal Ticaret T.A.S.
(collectively, the Borusan Companies)..................
Borusan Mannesmann...................................... 0.83
Borusan Ithicat ve Dagitim A.S.......................... 0.83
Borusan Mannesmann Pipe US, Inc......................... 0.83
Cagil Makina Sanayi ve Ticaret A.S...................... 0.83
Cimtas Boru Imalatlari ve Ticaret Sirketi............... 0.83
Eksen Makina............................................ 0.83
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.............. 0.83
Guner Eksport........................................... 0.83
Guven Celik Boru San. Ve Tic. Ltd. (also known as Guven 0.83
Steel Pipe)............................................
HDM Celik Boru Sanayi ve Ticaret Ltd. Sti............... 0.83
Kale Baglanti Teknolojileri San ve Tic. A.S............. 0.83
Kalibre Boru Sanayi ve Ticaret A.S...................... 0.83
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul 0.83
Net Boru Sanayi ve Dis Ticaret Koll. Sti................ 0.83
Noksel Celik Boru Sanayi A.S............................ 0.83
Perfektup Ambalaj San. ve Tic. A.S...................... 0.83
Schenker Arkas Nakliyat ve Ticaret A.S.................. 0.83
Umran Celik Boru Sanayii A.S. (also known as Umran Steel 0.83
Pipe Inc.).............................................
Vespro Muhendislik Mimarlik Danismanlik Sanayi ve 0.83
Ticaret A.S............................................
------------------------------------------------------------------------
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. For the companies for which
we intend to rescind this review, upon issuance of the final
rescission, Commerce will instruct CBP to assess countervailing duties
on all appropriate entries at a rate
[[Page 29756]]
equal to the cash deposit of estimated countervailing duties required
at the time of entry, or withdrawal from warehouse, for consumption,
during the period January 1, 2019, through December 31, 2019, in
accordance with 19 CFR 351.212(c)(1)(i). 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the
final results, Commerce also intends to instruct CBP to collect cash
deposits of estimated countervailing duties for each of the companies
listed above on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review, except, where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\19\ Interested
parties may submit written arguments (case briefs) within 30 days of
publication of the preliminary results and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing the case
briefs.\20\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs may
respond only to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\21\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\22\
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\19\ See 19 CFR 351.224(b).
\20\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\21\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\22\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
within 30 days after the date of publication of this notice.\23\
Requests should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues to be
discussed. Issues addressed during the hearing will be limited to those
raised in the briefs.\24\ 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.
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\23\ See 19 CFR 351.310(c).
\24\ See 19 CFR 351.310(c).
\25\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce will issue the final results of this administrative
review, including the results of our analysis of the issues raised by
parties in their comments, within 120 days after issuance of these
preliminary results.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: May 27, 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. Period of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. No-Shipment Claims and Intent to Rescind
VII. Non-Selected Rate
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021-11680 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P
