Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Notice of Initiation and Preliminary Results of Countervailing Duty Changed Circumstances Review, 10772-10774 [2022-03986]
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Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
provides for continuing review to
update the EAR as needed.
Agenda
Public Session
1. Welcome and Introductions.
2. Status reports by working group
chairs.
3. Public comments and Proposals.
Agenda
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2022–03971 Filed 2–24–22; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
lotter on DSK11XQN23PROD with NOTICES1
Regulations and Procedures Technical
Advisory Committee; Notice of
Partially Closed Meeting
The Regulations and Procedures
Technical Advisory Committee will
meet March 15, 2022, at 10:00 a.m.,
Eastern Standard Time, via
teleconference. The Committee advises
the Office of the Assistant Secretary for
Export Administration on
implementation of the Export
Administration Regulations (EAR) and
VerDate Sep<11>2014
16:44 Feb 24, 2022
Jkt 256001
1. Opening remarks by the Chairman
2. Opening remarks by the Bureau of
Industry and Security
3. Presentation of papers or comments
by the Public
4. Regulations Update
5. Working Group Reports
6. Automated Export System Update
Closed Session
7. Discussion of matters determined to
be exempt from the provisions
relating to public meetings found in
5 U.S.C. App. 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to participants on a
first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov, no later than March 8, 2022.
To the extent that time permits,
members of the public may present oral
statements to the Committee. The public
may submit written statements at any
time before or after the meeting.
However, to facilitate the distribution of
public presentation materials to the
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on February 14,
2022, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 10(d)), that the
portion of the meeting dealing with predecisional changes to the Commerce
Control List and the U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, contact Yvette
Springer via email.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2022–03970 Filed 2–24–22; 8:45 am]
BILLING CODE 3510–JT–P
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International Trade Administration
[C–489–825]
Public Session
Closed Session
4. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov no later than March 9, 2022.
To the extent time permits, members
of the public may present oral
statements to the Committee. The public
may submit written statements at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on February 14,
2022, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. (10)(d)), that the
portion of the meeting dealing with predecisional changes to the Commerce
Control List and U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, contact Yvette
Springer via email.
DEPARTMENT OF COMMERCE
Sfmt 4703
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Turkey: Notice of
Initiation and Preliminary Results of
Countervailing Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) to
¨ zdemir Boru Profil
determine whether O
Sanayi ve Ticaret Anonim Sirketi
(Ozdemir A.S.) is the successor-in¨ zdemir Boru Profil Sanayi
interest to O
ve Ticaret Limited Sirketi (Ozdemir
LLC) in the context of the countervailing
duty (CVD) order on heavy walled
rectangular pipes and tubes (HWR pipes
and tubes) from the Republic of Turkey
(Turkey). We also preliminarily
determine that Ozdemir A.S. is the
successor-in-interest to Ozdemir LLC.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable February 25, 2022.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 13, 2016, Commerce
published the CVD order on HWR pipes
and tubes from Turkey.1 On November
2, 2021, Ozdemir A.S. requested that,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), 19
CFR 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct a CCR of the Order
to confirm that Ozdemir A.S. is the
successor-in-interest to Ozdemir LLC
and, accordingly, to assign it the cash
deposit rate of its predecessor.2 In its
request, Ozdemir A.S. stated that it
undertook a legal name change from
¨ zdemir Boru Profil Sanayi ve Ticaret
O
Limited Sirketi, but the company is
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey:
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 81
FR 62874 (September 13, 2016) (Order).
2 See Ozdemir A.S.’s Letter, ‘‘Request for Changed
Circumstances Reviews,’’ dated November 2, 2021
(CCR Request).
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Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
otherwise unchanged with regard to the
relevant factors to be examined.3 No
interested parties filed comments
opposing the CCR Request.
On November 18, 2021, we issued a
letter to Ozdemir A.S. requesting
additional information and
documentation regarding changes in the
company’s ownership, productive
facilities, and corporate, legal and
financial structures, as well the level of
government involvement, during the
relevant period.4 Ozdemir A.S. refiled
its CCR Request on November 24, 2021,
with the requisite information.5 On
January 6, 2022, we extended the
deadline to initiate a CCR until February
22, 2022.6 On January 21, 2022, we
issued a supplemental questionnaire to
Ozdemir A.S., requesting additional
information with regard to government
involvement in the company’s
operations,7 to which it provided a
timely response on January 28, 2022.8
Scope of the Order
The products covered by the Order
are certain heavy walled rectangular
welded steel pipes and tubes of
rectangular (including square) cross
section, having a nominal wall
thickness of not less than 4 mm. The
merchandise includes, but is not limited
to, the American Society for Testing and
Materials (ASTM) A–500, grade B
specifications, or comparable domestic
or foreign specifications.
Included products are those in which:
(1) Iron predominates, by weight, over
each of the other contained elements; (2)
the carbon content is 2 percent or less,
by weight; and (3) none of the elements
below exceed the quantity, by weight,
respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
lotter on DSK11XQN23PROD with NOTICES1
3 Id.
4 See Commerce’s Letter, ‘‘Request for Changed
Circumstances Reviews for Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from the Republic of Turkey Orders,’’ dated
November 18, 2021 (therein requesting additional
information from Ozdemir A.S.).
5 See Ozdemir A.S.’s Letter, ‘‘Request for Changed
Circumstances Reviews,’’ dated November 24, 2021
(CCR Request Supplemental). Ozdemir A.S. also
requested that Commerce conduct an expedited
initiation and preliminary results of CCR, pursuant
to 19 CFR 351.221(c)(3)(ii).
6 See Commerce’s Letter, ‘‘Extension of Initiation
Deadline,’’ dated January 6, 2022.
7 See Commerce’s Letter, ‘‘Supplemental
Questionnaire,’’ dated January 21, 2022.
8 See Ozdemir A.S.’s Letter, ‘‘Supplemental
Questionnaire,’’ dated January 28, 2022 (Jan 28
Response).
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16:44 Feb 24, 2022
Jkt 256001
•
•
•
•
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Subject
merchandise may also enter under
HTSUS 7306.61.3000. While the HTSUS
subheadings and ASTM specification
are provided for convenience and
customs purposes, the written
description of the scope of the Order is
dispositive.
Initiation and Preliminary Results of
CCR
Pursuant to section 751(b) of the Act,
and 19 CFR 351.216, Commerce will
conduct a CCR upon receipt of
information concerning, or a request
from an interested party for a review of
a CVD order, which shows changed
circumstances sufficient to warrant a
review of the order.9 Commerce finds
that the information submitted by
Ozdemir A.S. demonstrates changed
circumstances sufficient to warrant such
a review.10 Therefore, in accordance
with 751(b)(1)(A) of the Act and 19 CFR
351.216(d), we are initiating a CCR
based on the information contained in
Ozdemir A.S’s filings to determine
whether Ozdemir A.S. is the successorin-interest to Ozdemir LLC.
Further, 19 CFR 351.221(c)(3)(ii)
permits Commerce to combine the
notice of initiation of a CCR and the
notice of preliminary results of a CCR in
a single notice if Commerce concludes
that expedited action is warranted. In
this instance, because the record
contains information necessary to make
a preliminary finding, we find that
expedited action is warranted and have
combined the notice of initiation and
the notice of preliminary results.11
In a CVD CCR, Commerce will make
an affirmative successorship finding
(i.e., that the respondent company is the
9 See
19 CFR 351.216(d).
CCR Request; CCR Request Supplemental;
and Jan 28 Response; see also Cast-Iron Soil Pipe
Fittings from the People’s Republic of China:
Initiation and Preliminary Results of Changed
Circumstances Reviews, 84 FR 64263 (November 21,
2019).
11 See 19 CFR 351.221(c)(3)(ii); see also, e.g.,
Notice of Initiation and Preliminary Results of
Changed Circumstances Reviews: Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China, 85 FR 5193 (January 29, 2020),
unchanged in Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China:
Final Results of Changed Circumstances Reviews,
85 FR 14638 (March 13, 2020) (Passenger Vehicle
and Light Truck Tires from China CCR).
10 See
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10773
same subsidized entity for CVD cash
deposit purposes as the predecessor
company) where there is no evidence of
significant changes in the respondent’s:
(1) Operations; (2) ownership; and (3)
corporate and legal structure during the
relevant period (i.e., the ‘‘look-back
window’’) that could have affected the
nature and extent of the respondent’s
subsidy levels.12 Where Commerce
makes an affirmative CVD successorship
finding, the successor’s merchandise
will be entitled to enter under the
predecessor’s cash deposit rate.13
Here, there is no evidence of
significant changes between Ozdemir
LLC and the successor-in-interest
company Ozdemir A.S.’s operations,
ownership, or corporate or legal
structure during the relevant period that
could have impacted the successor-ininterest company’s subsidy levels.14
Record evidence, as submitted by
Ozdemir A.S., indicates that Ozdemir
A.S. operates as essentially the same
business entity as Ozdemir LLC with
respect to the subject merchandise.15
Specifically, all record information with
respect to trading operations,16
shareholders,17 and corporate and legal
structure 18 demonstrates that Ozdemir
A.S. is the same subsidized entity as its
predecessor.19 Accordingly, we
preliminarily determine that Ozdemir
A.S. is the successor-in-interest to
Ozdemir LLC, and as such, that
Ozdemir A.S. is entitled to Ozdemir
LLC’s CVD cash deposit rate with
respect to entries of subject
merchandise.
Commerce will issue its final results
of the review in accordance with the
12 See Certain Pasta from Turkey: Preliminary
Results of Countervailing Duty Changed
Circumstances Review, 74 FR 47225, 47227
(September 15, 2009). In this case, the relevant
period, or ‘‘look-back window,’’ is December 31,
2020 (end of the period of review associated with
the most recent opportunity to request an
administrative review), through November 2, 2021
(date of the original CCR request).
13 See Passenger Vehicle and Light Truck Tires
from China CCR.
14 See CCR Request; CCR Request Supplemental;
and Jan 28 Response; see also Passenger Vehicle
and Light Truck Tires from China CCR, 85 FR at
5195.
15 See CCR Request; CCR Request Supplemental;
and Jan 28 Response.
16 See CCR Request at 5 and Exhibits 8–9 and CCR
Request Supplemental at 6 and Exhibits 8–9, which
demonstrates that Ozdemir A.S.’s trading
operations are the same as those of Ozdemir LLC.
17 See CCR Request at 3–4 and Exhibits 3 and CCR
Request Supplemental at 3–4 and Exhibits 2–5,
which demonstrates that Ozdemir A.S.’s
shareholders are the same as those of Ozdemir LLC.
18 See CCR Request at 3–5 and Exhibits 3, 6–7 and
CCR Request Supplemental at 3 and Exhibits 3–5,
which demonstrates that Ozdemir A.S.’s corporate
and legal structure is the same as that of Ozdemir
LLC.
19 See CCR Request; CCR Request Supplemental;
and Jan 28 Response.
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10774
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
time limits set forth in 19 CFR
351.216(e). Should the final results
remain the same as these preliminary
results, we will instruct U.S. Customs
and Border Protection to assign entries
of subject merchandise exported by
Ozdemir A.S. the CVD cash deposit rate
applicable to Ozdemir LLC, effective the
date of publication of the final results.
Public Comment
Final Results of the Changed
Circumstances Review
Consistent with 19 CFR 351.216(e),
Commerce will issue the final results of
this CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days of publication of these
preliminary results, if all parties agree to
the preliminary finding.
lotter on DSK11XQN23PROD with NOTICES1
20 Commerce
is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing to 14 days.
21 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs to 14 days.
22 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006, 17007 (March 26, 2020).
23 See 19 CFR 351.309(c)(2); 19 CFR
351.309(d)(2).
24 See 19 CFR 351.303(b).
25 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
16:44 Feb 24, 2022
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b)
and 351.221(c)(3)(ii).
Dated: February 17, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–03986 Filed 2–24–22; 8:45 am]
Pursuant to 19 CFR 351.310(c), an
interested party may request a hearing
within 14 days of publication of this
notice.20 In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days
after the date of publication of this
notice.21 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
case briefs, in accordance with 19 CFR
351.309(d).22 Parties who submit case or
rebuttal briefs are requested to submit
with each argument: (1) A statement of
the issue; and (2) a brief summary of the
argument.23 All comments are to be
filed electronically using Enforcement
and Compliance’s Antidumping and
Countervailing Duty Electronic Service
System (ACCESS) available to registered
users at https://access.trade.gov, and
must also be served on interested
parties. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the day it is due.24
Note that Commerce has temporarily
modified certain requirements for
serving documents containing business
proprietary information, until further
notice.25
VerDate Sep<11>2014
Notification to Interested Parties
Jkt 256001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB827]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Groundfish Committee via webinar to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
SUMMARY:
This webinar will be held on
Wednesday, March 16, 2022, at 9:30
a.m. Webinar registration URL
information: https://
attendee.gotowebinar.com/register/
3136825731205621261.
ADDRESSES: Council address: New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
DATES:
Agenda
The Committee will discuss
specifications and measures anticipated
to be included in Framework
Adjustment 65/Specifications and
Management Measures which is
expected to be initiated at the April
2022 Council meeting. They will
discuss a progress report and a Council
motion to consider adding to the 2022
Council Priorities, a transition plan for
Atlantic cod management from the
current two management units to up to
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Sfmt 4703
five management units. Other business
will be discussed, if necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 22, 2022.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–04038 Filed 2–24–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB828]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scallop Survey Working Group via
webinar to consider actions affecting
New England fisheries in the exclusive
economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This webinar will be held on
Wednesday, March 16, 2022 at 9 a.m.
Webinar registration URL information
https://attendee.gototraining.com/r/
5948242878676683522.
SUMMARY:
E:\FR\FM\25FEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10772-10774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03986]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-825]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Turkey: Notice of Initiation and Preliminary Results of
Countervailing Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) to determine whether [Ouml]zdemir Boru
Profil Sanayi ve Ticaret Anonim Sirketi (Ozdemir A.S.) is the
successor-in-interest to [Ouml]zdemir Boru Profil Sanayi ve Ticaret
Limited Sirketi (Ozdemir LLC) in the context of the countervailing duty
(CVD) order on heavy walled rectangular pipes and tubes (HWR pipes and
tubes) from the Republic of Turkey (Turkey). We also preliminarily
determine that Ozdemir A.S. is the successor-in-interest to Ozdemir
LLC. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable February 25, 2022.
FOR FURTHER INFORMATION CONTACT: Jaron Moore, AD/CVD Operations, Office
VIII, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3640.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2016, Commerce published the CVD order on HWR
pipes and tubes from Turkey.\1\ On November 2, 2021, Ozdemir A.S.
requested that, pursuant to section 751(b) of the Tariff Act of 1930,
as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct a CCR of the Order to confirm that Ozdemir A.S. is the
successor-in-interest to Ozdemir LLC and, accordingly, to assign it the
cash deposit rate of its predecessor.\2\ In its request, Ozdemir A.S.
stated that it undertook a legal name change from [Ouml]zdemir Boru
Profil Sanayi ve Ticaret Limited Sirketi, but the company is
[[Page 10773]]
otherwise unchanged with regard to the relevant factors to be
examined.\3\ No interested parties filed comments opposing the CCR
Request.
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order, 81
FR 62874 (September 13, 2016) (Order).
\2\ See Ozdemir A.S.'s Letter, ``Request for Changed
Circumstances Reviews,'' dated November 2, 2021 (CCR Request).
\3\ Id.
---------------------------------------------------------------------------
On November 18, 2021, we issued a letter to Ozdemir A.S. requesting
additional information and documentation regarding changes in the
company's ownership, productive facilities, and corporate, legal and
financial structures, as well the level of government involvement,
during the relevant period.\4\ Ozdemir A.S. refiled its CCR Request on
November 24, 2021, with the requisite information.\5\ On January 6,
2022, we extended the deadline to initiate a CCR until February 22,
2022.\6\ On January 21, 2022, we issued a supplemental questionnaire to
Ozdemir A.S., requesting additional information with regard to
government involvement in the company's operations,\7\ to which it
provided a timely response on January 28, 2022.\8\
---------------------------------------------------------------------------
\4\ See Commerce's Letter, ``Request for Changed Circumstances
Reviews for Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey Orders,'' dated November 18, 2021
(therein requesting additional information from Ozdemir A.S.).
\5\ See Ozdemir A.S.'s Letter, ``Request for Changed
Circumstances Reviews,'' dated November 24, 2021 (CCR Request
Supplemental). Ozdemir A.S. also requested that Commerce conduct an
expedited initiation and preliminary results of CCR, pursuant to 19
CFR 351.221(c)(3)(ii).
\6\ See Commerce's Letter, ``Extension of Initiation Deadline,''
dated January 6, 2022.
\7\ See Commerce's Letter, ``Supplemental Questionnaire,'' dated
January 21, 2022.
\8\ See Ozdemir A.S.'s Letter, ``Supplemental Questionnaire,''
dated January 28, 2022 (Jan 28 Response).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are certain heavy walled
rectangular welded steel pipes and tubes of rectangular (including
square) cross section, having a nominal wall thickness of not less than
4 mm. The merchandise includes, but is not limited to, the American
Society for Testing and Materials (ASTM) A-500, grade B specifications,
or comparable domestic or foreign specifications.
Included products are those in which: (1) Iron predominates, by
weight, over each of the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and (3) none of the elements
below exceed the quantity, by weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The subject merchandise is currently provided for in item
7306.61.1000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000.
While the HTSUS subheadings and ASTM specification are provided for
convenience and customs purposes, the written description of the scope
of the Order is dispositive.
Initiation and Preliminary Results of CCR
Pursuant to section 751(b) of the Act, and 19 CFR 351.216, Commerce
will conduct a CCR upon receipt of information concerning, or a request
from an interested party for a review of a CVD order, which shows
changed circumstances sufficient to warrant a review of the order.\9\
Commerce finds that the information submitted by Ozdemir A.S.
demonstrates changed circumstances sufficient to warrant such a
review.\10\ Therefore, in accordance with 751(b)(1)(A) of the Act and
19 CFR 351.216(d), we are initiating a CCR based on the information
contained in Ozdemir A.S's filings to determine whether Ozdemir A.S. is
the successor-in-interest to Ozdemir LLC.
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\9\ See 19 CFR 351.216(d).
\10\ See CCR Request; CCR Request Supplemental; and Jan 28
Response; see also Cast-Iron Soil Pipe Fittings from the People's
Republic of China: Initiation and Preliminary Results of Changed
Circumstances Reviews, 84 FR 64263 (November 21, 2019).
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Further, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the
notice of initiation of a CCR and the notice of preliminary results of
a CCR in a single notice if Commerce concludes that expedited action is
warranted. In this instance, because the record contains information
necessary to make a preliminary finding, we find that expedited action
is warranted and have combined the notice of initiation and the notice
of preliminary results.\11\
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\11\ See 19 CFR 351.221(c)(3)(ii); see also, e.g., Notice of
Initiation and Preliminary Results of Changed Circumstances Reviews:
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China, 85 FR 5193 (January 29, 2020), unchanged in
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Final Results of Changed Circumstances Reviews,
85 FR 14638 (March 13, 2020) (Passenger Vehicle and Light Truck
Tires from China CCR).
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In a CVD CCR, Commerce will make an affirmative successorship
finding (i.e., that the respondent company is the same subsidized
entity for CVD cash deposit purposes as the predecessor company) where
there is no evidence of significant changes in the respondent's: (1)
Operations; (2) ownership; and (3) corporate and legal structure during
the relevant period (i.e., the ``look-back window'') that could have
affected the nature and extent of the respondent's subsidy levels.\12\
Where Commerce makes an affirmative CVD successorship finding, the
successor's merchandise will be entitled to enter under the
predecessor's cash deposit rate.\13\
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\12\ See Certain Pasta from Turkey: Preliminary Results of
Countervailing Duty Changed Circumstances Review, 74 FR 47225, 47227
(September 15, 2009). In this case, the relevant period, or ``look-
back window,'' is December 31, 2020 (end of the period of review
associated with the most recent opportunity to request an
administrative review), through November 2, 2021 (date of the
original CCR request).
\13\ See Passenger Vehicle and Light Truck Tires from China CCR.
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Here, there is no evidence of significant changes between Ozdemir
LLC and the successor-in-interest company Ozdemir A.S.'s operations,
ownership, or corporate or legal structure during the relevant period
that could have impacted the successor-in-interest company's subsidy
levels.\14\ Record evidence, as submitted by Ozdemir A.S., indicates
that Ozdemir A.S. operates as essentially the same business entity as
Ozdemir LLC with respect to the subject merchandise.\15\ Specifically,
all record information with respect to trading operations,\16\
shareholders,\17\ and corporate and legal structure \18\ demonstrates
that Ozdemir A.S. is the same subsidized entity as its predecessor.\19\
Accordingly, we preliminarily determine that Ozdemir A.S. is the
successor-in-interest to Ozdemir LLC, and as such, that Ozdemir A.S. is
entitled to Ozdemir LLC's CVD cash deposit rate with respect to entries
of subject merchandise.
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\14\ See CCR Request; CCR Request Supplemental; and Jan 28
Response; see also Passenger Vehicle and Light Truck Tires from
China CCR, 85 FR at 5195.
\15\ See CCR Request; CCR Request Supplemental; and Jan 28
Response.
\16\ See CCR Request at 5 and Exhibits 8-9 and CCR Request
Supplemental at 6 and Exhibits 8-9, which demonstrates that Ozdemir
A.S.'s trading operations are the same as those of Ozdemir LLC.
\17\ See CCR Request at 3-4 and Exhibits 3 and CCR Request
Supplemental at 3-4 and Exhibits 2-5, which demonstrates that
Ozdemir A.S.'s shareholders are the same as those of Ozdemir LLC.
\18\ See CCR Request at 3-5 and Exhibits 3, 6-7 and CCR Request
Supplemental at 3 and Exhibits 3-5, which demonstrates that Ozdemir
A.S.'s corporate and legal structure is the same as that of Ozdemir
LLC.
\19\ See CCR Request; CCR Request Supplemental; and Jan 28
Response.
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Commerce will issue its final results of the review in accordance
with the
[[Page 10774]]
time limits set forth in 19 CFR 351.216(e). Should the final results
remain the same as these preliminary results, we will instruct U.S.
Customs and Border Protection to assign entries of subject merchandise
exported by Ozdemir A.S. the CVD cash deposit rate applicable to
Ozdemir LLC, effective the date of publication of the final results.
Public Comment
Pursuant to 19 CFR 351.310(c), an interested party may request a
hearing within 14 days of publication of this notice.\20\ In accordance
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case
briefs not later than 14 days after the date of publication of this
notice.\21\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the case briefs, in
accordance with 19 CFR 351.309(d).\22\ Parties who submit case or
rebuttal briefs are requested to submit with each argument: (1) A
statement of the issue; and (2) a brief summary of the argument.\23\
All comments are to be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Electronic Service
System (ACCESS) available to registered users at https://access.trade.gov, and must also be served on interested parties. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.\24\
Note that Commerce has temporarily modified certain requirements for
serving documents containing business proprietary information, until
further notice.\25\
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\20\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing to 14
days.
\21\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs to 14 days.
\22\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\23\ See 19 CFR 351.309(c)(2); 19 CFR 351.309(d)(2).
\24\ See 19 CFR 351.303(b).
\25\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Results of the Changed Circumstances Review
Consistent with 19 CFR 351.216(e), Commerce will issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated, or within 45 days of publication of these
preliminary results, if all parties agree to the preliminary finding.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b) and 351.221(c)(3)(ii).
Dated: February 17, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-03986 Filed 2-24-22; 8:45 am]
BILLING CODE 3510-DS-P
