Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 47058-47060 [2021-18057]
Download as PDF
47058
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–826]
Certain Hot-Rolled Steel Flat Products
From the Republic of 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 certain hotrolled steel flat products from the
Republic of Turkey (Turkey) were sold
at less than normal value during the
period of review (POR), October 1, 2018,
through September 30, 2019. In
addition, Commerce determines that six
exporters had no shipments during the
POR.
DATES: Applicable August 23, 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:
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On February 24, 2021, Commerce
published the Preliminary Results of
this review.1 We invited interested
parties to comment on the Preliminary
Results. On March 26, 2021, AK Steel
Corporation (a petitioner in the
underlying less-than-fair-value
investigation 2) and Cleveland-Cliffs
Steel LLC (collectively, the domestic
producers) filed a case brief.3 The
domestic producers also filed a rebuttal
brief on April 2, 2021.4 The sole
mandatory respondent, Habas Sinai ve
Tibbi Gazlar Istihsal Endustrisi A.S.
(Habas), filed a case brief on March 26,
2021.5
1 See 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, 86 FR 11227 (February 24, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Preliminary Results PDM at 2.
3 See Domestic Producers’ Letter, ‘‘Hot-Rolled
Steel Flat Products from Turkey: Petitioners’ Case
Brief,’’ dated March 26, 2021.
4 See Domestic Producers’ Letter, ‘‘Hot-Rolled
Steel Flat Products from Turkey: Petitioners’
Rebuttal Brief,’’ dated April 2, 2021.
5 See Habas’ Letter, ‘‘Hot-Rolled Steel Flat
Products from Turkey; Habas¸ Case Brief,’’ dated
March 26, 2021 (Habas Case Brief).
VerDate Sep<11>2014
18:11 Aug 20, 2021
Jkt 253001
On June 17, 2021, and July 21, 2021,
in accordance with section 751(a)(3)(A)
of the Tariff Act of 1930, as amended
(the Act), Commerce extended the time
period for issuing these final results
until August 20, 2021.6
We initiated this review on thirteen
companies,7 including Colakoglu
Metalurji, A.S. and Colakoglu Dis
Ticaret A.S. (collectively, Colakoglu),
which we had collapsed as a single
entity in the underlying less-than-fairvalue investigation.8 Based on the final
judgment of the U.S. Court of
International Trade (CIT) in litigation
associated with the underlying
investigation, subject merchandise
produced and exported by Colakoglu
was excluded from the Order.9
Consequently, Commerce discontinued
this review with respect to the subject
merchandise produced and exported by
Colakoglu, but not subject merchandise
(1) produced by Colakoglu and exported
by another company; or (2) produced by
another company and exported by
Colakoglu.10 Accordingly, these final
results cover thirteen companies
including Habas, six non-examined
companies, including Colakoglu, and
six no-shipments companies.
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 this Order, see the Issues
and Decision Memorandum.11
6 See Memorandum, ‘‘Hot-Rolled Steel Flat
Products from the Republic of Turkey:
Antidumping Duty Administrative Review; 2018–
2019, Extension of Deadline for Final Results,’’
dated June 17, 2021; see also Memorandum, ‘‘HotRolled Steel Flat Products from the Republic of
Turkey: Antidumping Duty Administrative Review;
2018–2019, Extension of Deadline for Final
Results,’’ dated July 21, 2021.
7 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
67712 (December 11, 2019).
8 See 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).
9 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)
(Timken Notice); see also 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).
10 See Preliminary Results, 86 FR at 11228 (citing
Timken Notice, 85 FR at 29400).
11 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that six exporters had no
shipments of the 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); (4) Gazi
Metal Mamulleri Sanayi ve Ticaret
A.S.(Gazi); (5) Seametal Sanayi ve Dis
Ticaret Limited Sirketi (Seametal) 12;
and (6) Tosyali Holding (Toscelik
Profile and Sheet Ind. Co., Toscelik
Profil ve Sac A.S.).
We received no comments that were
contrary to our preliminary findings
with respect to those companies.
Therefore, we continue to find that
those exporters made no shipments of
subject merchandise during the POR.
Accordingly, consistent with our
practice, we intend to instruct U.S.
Customs and Border Protection (CBP) to
liquidate any existing entries of subject
merchandise associated with these
companies consistent with Commerce’s
reseller policy.13
Analysis of the Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum, which is hereby
adopted with this notice. A list of these
issues is attached in an 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/.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made two
changes to the Preliminary Results. For
a full discussion of these changes, see
the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
Duty Administrative Review of Certain Hot-Rolled
Steel Flat Products from Republic of Turkey; 2018–
2019,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
12 In Commerce’s Initiation Notice, this company
was referred to as Seametal San ve Dis Tic. The two
names refer to the same company.
13 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
E:\FR\FM\23AUN1.SGM
23AUN1
47059
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Notices
establishment of a rate to be applied to
companies not selected for 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 an
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}.’’
For these final results, we calculated
a weighted-average dumping margin
that is not zero, de minimis, or
determined entirely on the basis of facts
available for Habas, our sole mandatory
respondent. Accordingly, we have
determined the weighted-average
dumping margin for the nonindividually examined companies to be
equal to the weighted-average dumping
margin calculated for Habas.
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margins exist for the period October 1,
2018, through September 30, 2019:
Weighted-average
dumping margin
(percent)
Producer or exporter
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ...................................................................................................................
24.32
Review-Specific Average Rate Applicable to the Following Companies:
Cag Celik Demir ve Celik ............................................................................................................................................................
Colakoglu Metalurji, A.S./Colakoglu Dis Ticaret A.S.14 ..............................................................................................................
Habas Industrial and Medical Gases Production Industries Inc .................................................................................................
MMK Atakas Metalurji ..................................................................................................................................................................
Ozkan Iron and Steel Ind ............................................................................................................................................................
Disclosure
We intend to disclose the calculations
performed for these final results of
review within five days of the
publication date of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment of Antidumping Duties
jbell on DSKJLSW7X2PROD with NOTICES
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review.
Consistent with its recent notice,15
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 CIT, 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).
For Habas, Commerce has calculated
importer-specific antidumping duty
assessment rates. We calculated
importer-specific antidumping duty
14 This rate applies only for certain hot-rolled flat
products produced in Turkey where Colakoglu
acted as either the producer or exporter but not
both.
15 See Notice of Discontinuation Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
VerDate Sep<11>2014
18:11 Aug 20, 2021
Jkt 253001
assessment rates by aggregating the total
amount of dumping calculated for the
examined sales of the importer and
dividing these amounts by the total
entered value associated with those
sales. 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 importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the non-examined companies, we
will instruct CBP to assess antidumping
duties at an ad valorem rate equal to
each company’s weighted-average
dumping margin.
For entries of subject merchandise
during the POR produced by Habas
where it did not know that its
merchandise was destined for the
United States, and for all entries
attributed to the companies which we
have found to have had no shipments
during the POR, we will instruct CBP to
liquidate such unreviewed entries
pursuant to the reseller policy,16 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),17 if
there is no rate for the intermediate
company(ies) involved in the
transaction.
16 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
17 See Timken Notice, 85 FR at 29400.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
24.32
24.32
24.32
24.32
24.32
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties 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, 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 companyspecific 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.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
E:\FR\FM\23AUN1.SGM
23AUN1
47060
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Notices
Notification to Importers
DEPARTMENT OF COMMERCE
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
International Trade Administration
Administrative Protective Order
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: August 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
18:11 Aug 20, 2021
Jkt 253001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing countervailing
duty (CVD) orders on seamless carbon
and alloy steel standard, line, and
pressure pipe (seamless pipe) from the
Republic of Korea (Korea) and the
Russian Federation (Russia).
DATES:
Applicable August 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Caitlin Monks (Russia), or Moses Song
and Natasia Harrison (Korea), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitutions Avenue
NW, Washington DC 20230; telephone:
(202) 482–2670, (202) 482–7885, or
(202) 482–1240, respectively.
SUPPLEMENTARY INFORMATION:
Background
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
[FR Doc. 2021–18057 Filed 8–20–21; 8:45 am]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Republic of Korea and the
Russian Federation: Countervailing
Duty Orders
SUMMARY:
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Rate for Non-Examined Companies
VI. Changes Since the Preliminary Results
VII. Discussion of Issues
Comment 1: Currency for Habas’ Home
Market Sale Prices
Comment 2: Cost Adjustment for High
Inflation
VIII. Recommendation
[C–580–910, C–821–827]
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on July 2, 2021, Commerce
published in the Federal Register its
affirmative final determinations in the
CVD investigations of seamless pipe
from Korea and Russia.1 On August 16,
2021, the ITC notified Commerce of its
affirmative final determinations,
pursuant to section 705(d) of the Act,
that an industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of
seamless pipe from Korea and Russia.2
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea:
Final Affirmative Countervailing Duty
Determination, 86 FR 35267 (July 2, 2021); see also
Seamless Carbon and Alloy Steel Standard, Line,
and Pressure Pipe from the Russian Federation:
Final Affirmative Countervailing Duty
Determination, 86 FR 35263 (July 2, 2021).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated August 16, 2021; see also
Seamless Carbon and Alloy Steel Standard, Line,
and Pressure Pipe from Korea, Russia, and Ukraine,
ITC Investigation Nos. 701–TA–654–655 and 731–
TA–1530–1532 (August 16, 2021).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Scope of the Orders
The merchandise covered by these
orders is seamless pipe from Korea and
Russia. For a complete description of
the scope of these orders, see the
appendix to this notice.
Countervailing Duty Orders
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC has notified Commerce of its final
determinations that the industry in the
United States producing seamless pipe
is materially injured by reason of
subsidized imports of seamless pipe
from Korea and Russia. Therefore, in
accordance with section 705(c)(2) of the
Act, we are issuing these CVD orders.
Because the ITC determined that
imports of seamless pipe from Korea
and Russia are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from Korea and Russia,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of countervailing duties.
Countervailing duties will be assessed
on unliquidated entries of seamless pipe
from Korea and Russia entered, or
withdrawn from warehouse, for
consumption on or after December 11,
2020, the date of publication of the
preliminary determinations,3 but will
not include entries occurring after the
expiration of the provisional measures
period and before the publication of the
ITC’s final injury determination under
section 705(b) of the Act, as further
described below.
Continuation of Suspension of
Liquidation and Cash Deposits
In accordance with section 706(a) of
the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
assess, upon further instruction by
Commerce, countervailing duties for all
relevant entries of seamless pipe from
Korea and Russia in an amount equal to
the net countervailable subsidy rates for
the subject merchandise. On or after the
publication of the ITC’s final injury
determination in the Federal Register,
CBP must require, at the same time as
importers would normally deposit
estimated import duties on this
merchandise, cash deposits for each
3 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 85 FR 80024 (December 11, 2020);
see also Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Russian
Federation: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 85 FR 80007 (December 11, 2020)
(Russia Preliminary Determination).
E:\FR\FM\23AUN1.SGM
23AUN1
Agencies
[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47058-47060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18057]
[[Page 47058]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-826]
Certain Hot-Rolled Steel Flat Products From the Republic of
Turkey: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
hot-rolled steel flat products from the Republic of Turkey (Turkey)
were sold at less than normal value during the period of review (POR),
October 1, 2018, through September 30, 2019. In addition, Commerce
determines that six exporters had no shipments during the POR.
DATES: Applicable August 23, 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
On February 24, 2021, Commerce published the Preliminary Results of
this review.\1\ We invited interested parties to comment on the
Preliminary Results. On March 26, 2021, AK Steel Corporation (a
petitioner in the underlying less-than-fair-value investigation \2\)
and Cleveland-Cliffs Steel LLC (collectively, the domestic producers)
filed a case brief.\3\ The domestic producers also filed a rebuttal
brief on April 2, 2021.\4\ The sole mandatory respondent, Habas Sinai
ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas), filed a case brief on
March 26, 2021.\5\
---------------------------------------------------------------------------
\1\ See 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, 86
FR 11227 (February 24, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Results PDM at 2.
\3\ See Domestic Producers' Letter, ``Hot-Rolled Steel Flat
Products from Turkey: Petitioners' Case Brief,'' dated March 26,
2021.
\4\ See Domestic Producers' Letter, ``Hot-Rolled Steel Flat
Products from Turkey: Petitioners' Rebuttal Brief,'' dated April 2,
2021.
\5\ See Habas' Letter, ``Hot-Rolled Steel Flat Products from
Turkey; Haba[scedil] Case Brief,'' dated March 26, 2021 (Habas Case
Brief).
---------------------------------------------------------------------------
On June 17, 2021, and July 21, 2021, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the time period for issuing these final results until August
20, 2021.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Hot-Rolled Steel Flat Products from the
Republic of Turkey: Antidumping Duty Administrative Review; 2018-
2019, Extension of Deadline for Final Results,'' dated June 17,
2021; see also Memorandum, ``Hot-Rolled Steel Flat Products from the
Republic of Turkey: Antidumping Duty Administrative Review; 2018-
2019, Extension of Deadline for Final Results,'' dated July 21,
2021.
---------------------------------------------------------------------------
We initiated this review on thirteen companies,\7\ including
Colakoglu Metalurji, A.S. and Colakoglu Dis Ticaret A.S. (collectively,
Colakoglu), which we had collapsed as a single entity in the underlying
less-than-fair-value investigation.\8\ Based on the final judgment of
the U.S. Court of International Trade (CIT) in litigation associated
with the underlying investigation, subject merchandise produced and
exported by Colakoglu was excluded from the Order.\9\ Consequently,
Commerce discontinued this review with respect to the subject
merchandise produced and exported by Colakoglu, but not subject
merchandise (1) produced by Colakoglu and exported by another company;
or (2) produced by another company and exported by Colakoglu.\10\
Accordingly, these final results cover thirteen companies including
Habas, six non-examined companies, including Colakoglu, and six no-
shipments companies.
---------------------------------------------------------------------------
\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 67712 (December 11, 2019).
\8\ See 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).
\9\ 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) (Timken Notice); see also
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).
\10\ See Preliminary Results, 86 FR at 11228 (citing Timken
Notice, 85 FR at 29400).
---------------------------------------------------------------------------
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 this Order,
see the Issues and Decision Memorandum.\11\
---------------------------------------------------------------------------
\11\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review of Certain
Hot-Rolled Steel Flat Products from Republic of Turkey; 2018-2019,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that six exporters
had no shipments of the 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); (4) Gazi Metal Mamulleri
Sanayi ve Ticaret A.S.(Gazi); (5) Seametal Sanayi ve Dis Ticaret
Limited Sirketi (Seametal) \12\; and (6) Tosyali Holding (Toscelik
Profile and Sheet Ind. Co., Toscelik Profil ve Sac A.S.).
---------------------------------------------------------------------------
\12\ In Commerce's Initiation Notice, this company was referred
to as Seametal San ve Dis Tic. The two names refer to the same
company.
---------------------------------------------------------------------------
We received no comments that were contrary to our preliminary
findings with respect to those companies. Therefore, we continue to
find that those exporters made no shipments of subject merchandise
during the POR. Accordingly, consistent with our practice, we intend to
instruct U.S. Customs and Border Protection (CBP) to liquidate any
existing entries of subject merchandise associated with these companies
consistent with Commerce's reseller policy.\13\
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Analysis of the Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum, which is hereby adopted with this
notice. A list of these issues is attached in an 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/.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made two changes
to the Preliminary Results. For a full discussion of these changes, see
the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
[[Page 47059]]
establishment of a rate to be applied to companies not selected for
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 an 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} .''
For these final results, we calculated a weighted-average dumping
margin that is not zero, de minimis, or determined entirely on the
basis of facts available for Habas, our sole mandatory respondent.
Accordingly, we have determined the weighted-average dumping margin for
the non-individually examined companies to be equal to the weighted-
average dumping margin calculated for Habas.
Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the period October 1, 2018, through September 30,
2019:
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. 24.32
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Cag Celik Demir ve Celik............................ 24.32
Colakoglu Metalurji, A.S./Colakoglu Dis Ticaret 24.32
A.S.\14\...........................................
Habas Industrial and Medical Gases Production 24.32
Industries Inc.....................................
MMK Atakas Metalurji................................ 24.32
Ozkan Iron and Steel Ind............................ 24.32
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\14\ This rate applies only for certain hot-rolled flat products
produced in Turkey where Colakoglu acted as either the producer or
exporter but not both.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for these final
results of review within five days of the publication date of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment of Antidumping Duties
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review.
Consistent with its recent notice,\15\ 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 CIT, 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 Notice of Discontinuation Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
---------------------------------------------------------------------------
For Habas, Commerce has calculated importer-specific antidumping
duty assessment rates. We calculated importer-specific antidumping duty
assessment rates by aggregating the total amount of dumping calculated
for the examined sales of the importer and dividing these amounts by
the total entered value associated with those sales. 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 non-examined companies, we will instruct CBP to assess
antidumping duties at an ad valorem rate equal to each company's
weighted-average dumping margin.
For entries of subject merchandise during the POR produced by Habas
where it did not know that its merchandise was destined for the United
States, and for all entries attributed to the companies which we have
found to have had no shipments during the POR, we will instruct CBP to
liquidate such unreviewed entries pursuant to the reseller policy,\16\
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),\17\
if there is no rate for the intermediate company(ies) involved in the
transaction.
---------------------------------------------------------------------------
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\17\ See Timken Notice, 85 FR at 29400.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties 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, 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 company-specific 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.
These deposit requirements, when imposed, shall remain in effect
until further notice.
[[Page 47060]]
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: August 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Rate for Non-Examined Companies
VI. Changes Since the Preliminary Results
VII. Discussion of Issues
Comment 1: Currency for Habas' Home Market Sale Prices
Comment 2: Cost Adjustment for High Inflation
VIII. Recommendation
[FR Doc. 2021-18057 Filed 8-20-21; 8:45 am]
BILLING CODE 3510-DS-P