Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021, 66654-66656 [2022-24025]
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66654
Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.213(h) and 351.221(b)(4).
Dated: October 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2022–24078 Filed 11–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–826]
Certain Hot-Rolled Steel Flat Products
From the Republic of Turkey:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the sole mandatory
respondent, Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S. (Habas), a
producer and exporter of certain hotrolled steel flat products (hot-rolled
steel) from the Republic of Turkey
(Turkey), did not make sales of subject
merchandise in the United States at
prices below normal value during the
period of review (POR) October 1, 2020,
through September 30, 2021. We are
also rescinding the review with respect
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AGENCY:
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to 13 companies because all requests for
review for these companies have been
withdrawn. We invite all interested
parties to comment on these preliminary
results.
DATES: Applicable November 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2316.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on hot-rolled
steel from Turkey,1 in accordance with
section 751(a)(1)(B) of Tariff Act of
1930, as amended (the Act). On
November 29, 2021, in accordance with
19 CFR 351.221(c)(1)(i), as requested by
the domestic producers and Habas,2 we
initiated this administrative review of
the Order covering 14 producers or
exporters of the subject merchandise.3
On January 27, 2022, Commerce
selected Habas as the sole mandatory
respondent.4 On February 10, 2022, the
domestic producers withdraw their
request for review.5
On June 9, 2022, we extended the
time limit for issuing these preliminary
results until October 28, 2022.6 For a
detailed description of the events that
followed the initiation of this review,
1 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Order); see also Certain Hot-Rolled Steel Flat
Products from Turkey: Notice of Court Decision Not
in Harmony with the Amended Final Determination
in the Less-Than-Fair-Value Investigation; Notice of
Amended Final Determination, Amended
Antidumping Duty Order, Notice of Revocation of
Antidumping Duty Order in Part; and
Discontinuation of the 2017–18 and 2018–19
Antidumping Duty Administrative Reviews, in Part,
85 FR 29399 (May 15, 2020) (Timken Notice).
2 The domestic producers are Cleveland-Cliffs
Inc., Steel Dynamics Inc., SSAB Enterprises, LLC,
Nucor Corporation, and United States Steel
Corporation (collectively, the domestic producers).
See Domestic Producers’ Letter, ‘‘Request for
Administrative Review,’’ dated November 1, 2021;
see also Habas’ Letter, ‘‘Request for administrative
review,’’ dated October 29, 2021.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
67685 (November 29, 2021).
4 See Memorandum, ‘‘Respondent Selection
Memorandum,’’ dated January 27, 2022.
5 See Domestic Producers’ Letter, ‘‘Withdrawal of
Request for Administrative Review,’’ dated
February 10, 2022.
6 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated June 9, 2022.
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Fmt 4703
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see the Preliminary Decision
Memorandum.7
Scope of the Order
The merchandise covered by the
Order is certain hot-rolled steel flat
products. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.8
Partial Rescission of Administrative
Review
Commerce initiated this review for 14
companies. Pursuant to 19 CFR
351.213(d)(1), Commerce will rescind
an administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the Initiation
Notice. Because all requests for the
administrative review of the 13
companies listed in Appendix II were
timely withdrawn, Commerce is
rescinding this review, in part, with
respect to these companies, in
accordance with 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export prices are calculated in
accordance with section 772 of the Act
and normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached at Appendix I
to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margins for the period October 1, 2020,
through September 30, 2021:
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Recission of the
Antidumping Duty Administrative Review of
Certain Hot-Rolled Steel Flat Products from the
Republic of Turkey; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
8 Id.; see also Order.
E:\FR\FM\04NON1.SGM
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Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S .............
0.00
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Assessment Rates
Upon issuance of the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.9 The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.10 Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Pursuant to 19 CFR 351.212(b)(1), if
Habas’ weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.5 percent) in the final results
of this review, we will calculate an
importer-specific ad valorem duty
assessment rate based on the ratio of the
total amount of dumping calculated for
the U.S. sales for a given importer to the
total entered value of those sales. If, in
the final results, either Habas’ weightedaverage 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 entries of subject merchandise
during the POR produced by Habas for
which it did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate such unreviewed entries
pursuant to the reseller policy,11 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),12 if
there is no rate for the intermediate
9 See
19 CFR 351.212(b).
section 751(a)(2)(C) of the Act.
11 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
12 See Timken Notice.
10 See
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18:12 Nov 03, 2022
Jkt 259001
company(ies) involved in the
transaction.
For the companies for which we have
rescinded this review, Commerce
intends to instruct CBP to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
rate of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the POR, in
accordance with 19 CFR
351.212(c)(1)(i).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Habas will be equal
to its weighted-average dumping margin
established in the final results of this
review (except if the ad valorem rate is
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero); (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
underlying investigation, but the
producer is, then the cash deposit rate
will be the rate established for the
completed segment for the most recent
POR for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 2.73 percent, the allothers rate established in the underlying
investigation.13
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.14
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the time limit for
13 See
Timken Notice.
19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
14 See
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Sfmt 4703
66655
filing case briefs.15 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.16 Executive summaries
should be limited to five pages total,
including footnotes. Case and rebuttal
briefs should be filed using ACCESS
and must be served on interested
parties.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Hearing requests should
contain: (1) the party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of issues to
be discussed. Issues raised in the
hearing will be limited to issues raised
in the briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a time and date to be
determined.18 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.19 Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.20
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in all written briefs, not
later than 120 days after the publication
of these preliminary results in the
Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1), unless otherwise
extended.21
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
15 See
19 CFR 351.309(d)(1).
19 CFR 351.309(c)(2) and (d)(2).
17 See 19 CFR 351.303.
18 See 19 CFR 351.310(c).
19 See 19 CFR 351.310(c); see also 19 CFR
351.303(b)(1).
20 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
21 See section 751(a)(3)(A) of the Act.
16 See
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66656
Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: October 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Recission of the Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Rescinded From Review
1. Agir Haddecilik A.S.
2. Cag Celik Demir ve Celik.
3. Colakoglu Dis Ticaret A.S. and Colakoglu
Metalurji, A.S.
4. Eregli Demir ve Celik Fabrikalari T.A.S.
5. Gazi Metal Mamulleri Sanayi Ve Ticaret
A.S.
6. Habas Industrial and Medical Gases
Production Industries Inc.
7. Iskenderun Iron & Steel Works Co. (a/k/a/
Iskenderun Demir ve Celik A.S.)
8. Kayseri Metal Center San. ve Tic. A.S.
9. Kibar Group (Kibar Dis Ticaret A.S.)
10. MMK Atakas Metalurji
11. Ozkan Iron and Steel Ind.
12. Seametal Sanayi ve Dis Ticaret Limited
Sirketi
13. Tosyali Holding (Toscelik Profile and
Sheet Ind. Co., Toscelik Profil ve Sac
A.S.)
[FR Doc. 2022–24025 Filed 11–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[RTID 0648–XC481]
New England Fishery Management
Council; Public Meeting; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of correction to a public
meeting.
AGENCY:
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18:12 Nov 03, 2022
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The New England Fishery
Management Council (Council) is
scheduling a public joint meeting of its
Habitat Advisory Panel and 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.
See SUPPLEMENTARY INFORMATION.
DATES: This meeting will be held on
Friday, November 18, 2022, at 9 a.m.
ADDRESSES:
Webinar registration URL
information: https://attendee.
gotowebinar.com/register/
7839935047339593995.
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: The
original meeting notice published in the
Federal Register on October 31, 2022
(87 FR 65576). This notice corrects the
date of the meeting and adds an
additional agenda item. The original
notice announced the meeting to be
held on November 12, 2022. The
meeting will be held on November 18,
2022.
SUMMARY:
Agenda
Frm 00018
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 date. This meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–24049 Filed 11–3–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC507]
Endangered Species; File No. 26973
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
the Field Museum (Kevin Feldheim,
Ph.D., Responsible Party), 1400 S Lake
Shore Drive, Chicago, Illinois 60605, has
applied in due form for a permit to
import and export angelshark parts for
purposes of scientific research.
DATES: Written, telefaxed, or email
comments must be received on or before
December 5, 2022.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 26973 from the list of
available applications. These documents
are also available upon written request
via email to NMFS.Pr1Comments@
noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 26973 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
SUMMARY:
The Advisory Panel and Committee
will discuss progress on the Atlantic
Salmon Aquaculture Framework,
including goals, objectives, and draft
management alternatives. They will also
discuss potential 2023 work priorities in
advance of the December Council
meeting, focusing on possible new
actions: (1) revisions to Habitat
Management Areas on the northern edge
of Georges Bank, including
consideration of recent research, and (2)
essential fish habitat 5-year review and
updates to designations. The group will
develop a recommendation about
whether to retain or remove the Georges
Bank Dedicated Habitat Research Area.
Discuss other business, as necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during these meetings. 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
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take final action to address the
emergency.
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E:\FR\FM\04NON1.SGM
04NON1
Agencies
[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66654-66656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24025]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-826]
Certain Hot-Rolled Steel Flat Products From the Republic of
Turkey: Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole mandatory respondent, Habas Sinai ve Tibbi
Gazlar Istihsal Endustrisi A.S. (Habas), a producer and exporter of
certain hot-rolled steel flat products (hot-rolled steel) from the
Republic of Turkey (Turkey), did not make sales of subject merchandise
in the United States at prices below normal value during the period of
review (POR) October 1, 2020, through September 30, 2021. We are also
rescinding the review with respect to 13 companies because all requests
for review for these companies have been withdrawn. We invite all
interested parties to comment on these preliminary results.
DATES: Applicable November 4, 2022.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on hot-rolled steel from Turkey,\1\ in accordance with
section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). On
November 29, 2021, in accordance with 19 CFR 351.221(c)(1)(i), as
requested by the domestic producers and Habas,\2\ we initiated this
administrative review of the Order covering 14 producers or exporters
of the subject merchandise.\3\ On January 27, 2022, Commerce selected
Habas as the sole mandatory respondent.\4\ On February 10, 2022, the
domestic producers withdraw their request for review.\5\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order); see also Certain Hot-Rolled Steel Flat
Products from Turkey: Notice of Court Decision Not in Harmony with
the Amended Final Determination in the Less-Than-Fair-Value
Investigation; Notice of Amended Final Determination, Amended
Antidumping Duty Order, Notice of Revocation of Antidumping Duty
Order in Part; and Discontinuation of the 2017-18 and 2018-19
Antidumping Duty Administrative Reviews, in Part, 85 FR 29399 (May
15, 2020) (Timken Notice).
\2\ The domestic producers are Cleveland-Cliffs Inc., Steel
Dynamics Inc., SSAB Enterprises, LLC, Nucor Corporation, and United
States Steel Corporation (collectively, the domestic producers). See
Domestic Producers' Letter, ``Request for Administrative Review,''
dated November 1, 2021; see also Habas' Letter, ``Request for
administrative review,'' dated October 29, 2021.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685 (November 29, 2021).
\4\ See Memorandum, ``Respondent Selection Memorandum,'' dated
January 27, 2022.
\5\ See Domestic Producers' Letter, ``Withdrawal of Request for
Administrative Review,'' dated February 10, 2022.
---------------------------------------------------------------------------
On June 9, 2022, we extended the time limit for issuing these
preliminary results until October 28, 2022.\6\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated June 9, 2022.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Recission of the Antidumping Duty Administrative
Review of Certain Hot-Rolled Steel Flat Products from the Republic
of Turkey; 2020-2021,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is certain hot-rolled steel
flat products. For a complete description of the scope of the Order,
see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ Id.; see also Order.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Commerce initiated this review for 14 companies. Pursuant to 19 CFR
351.213(d)(1), Commerce will rescind an administrative review, in whole
or in part, if the party that requested the review withdraws its
request within 90 days of the publication of the Initiation Notice.
Because all requests for the administrative review of the 13 companies
listed in Appendix II were timely withdrawn, Commerce is rescinding
this review, in part, with respect to these companies, in accordance
with 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export prices are calculated in accordance with
section 772 of the Act and normal value is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is attached at Appendix I to this notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins for the period October 1, 2020, through September 30, 2021:
[[Page 66655]]
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S........ 0.00
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\9\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\10\ 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).
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\9\ See 19 CFR 351.212(b).
\10\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), if Habas' weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review, we will calculate an importer-
specific ad valorem duty assessment rate based on the ratio of the
total amount of dumping calculated for the U.S. sales for a given
importer to the total entered value of those sales. If, in the final
results, either Habas' 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 entries of subject merchandise during the POR produced by Habas
for which it did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate such unreviewed
entries pursuant to the reseller policy,\11\ 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),\12\ if there is no rate for the
intermediate company(ies) involved in the transaction.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\12\ See Timken Notice.
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For the companies for which we have rescinded this review, Commerce
intends to instruct CBP to assess antidumping duties on all appropriate
entries at a rate equal to the cash deposit rate of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the POR, in accordance with 19 CFR
351.212(c)(1)(i).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Habas will be
equal to its weighted-average dumping margin established in the final
results of this review (except if the ad valorem rate is de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero); (2) for previously investigated companies
not participating in this review, the cash deposit will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding in which the company participated; (3) if
the exporter is not a firm covered in this review, or the underlying
investigation, but the producer is, then the cash deposit rate will be
the rate established for the completed segment for the most recent POR
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 2.73 percent, the
all-others rate established in the underlying investigation.\13\
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\13\ See Timken Notice.
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\14\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\15\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\16\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS and must be served on interested parties.\17\
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\14\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See 19 CFR 351.309(d)(1).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See 19 CFR 351.303.
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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, filed electronically via
ACCESS. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.\18\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date. An
electronically-filed document must be received successfully in its
entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date
of publication of this notice.\19\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\20\
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\20\ 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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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in all
written briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless otherwise
extended.\21\
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\21\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review
[[Page 66656]]
period. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: October 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Recission of the Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Rescinded From Review
1. Agir Haddecilik A.S.
2. Cag Celik Demir ve Celik.
3. Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji, A.S.
4. Eregli Demir ve Celik Fabrikalari T.A.S.
5. Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.
6. Habas Industrial and Medical Gases Production Industries Inc.
7. Iskenderun Iron & Steel Works Co. (a/k/a/Iskenderun Demir ve
Celik A.S.)
8. Kayseri Metal Center San. ve Tic. A.S.
9. Kibar Group (Kibar Dis Ticaret A.S.)
10. MMK Atakas Metalurji
11. Ozkan Iron and Steel Ind.
12. Seametal Sanayi ve Dis Ticaret Limited Sirketi
13. Tosyali Holding (Toscelik Profile and Sheet Ind. Co., Toscelik
Profil ve Sac A.S.)
[FR Doc. 2022-24025 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-DS-P