Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of the Expedited Sunset Review of the Countervailing Duty Order, 24757-24758 [2023-08605]
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Federal Register / Vol. 88, No. 78 / Monday, April 24, 2023 / Notices
Dated: April 19, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–08604 Filed 4–21–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–502]
Circular Welded Carbon Steel Pipes
and Tubes From Turkey: Final Results
of the Expedited Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on circular welded carbon
steel pipes and tubes (pipe and tube)
from Turkey would be likely to lead to
continuation or recurrence of
countervailable subsidies at the levels
indicated in the ‘‘Final Results of the
Sunset Review’’ section of this notice.
DATES: Applicable April 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4793.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
ddrumheller on DSK120RN23PROD with NOTICES1
On March 7, 1986, Commerce
published the order on pipe and tube
from Turkey.1 On January 3, 2023,
Commerce published the notice of
initiation of the fifth sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On January 17 and 18, 2023,
Commerce received timely-filed notices
of intent to participate in this review
from Nucor Tubular Products Inc. and
from Bull Moose Tube Company,
Maruichi American Corporation, and
Zekelman Industries, respectively,
(collectively, the domestic interested
parties), within the deadline specified
in 19 CFR 351.218(d)(1)(i).3 The
1 See Countervailing Duty Order: Certain Welded
Carbon Steel Pipe and Tube Products from Turkey,
51 FR 7984 (March 7, 1986) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 63 (January 3, 2023).
3 See Nucor Tubular Products Inc.’s Letter,
‘‘Notice of Intent to Participate in Sunset Review,’’
dated January 17, 2023 (Nucor Tubular’s Notice of
Intent); see also Bull Moose, et al.’s Letter, ‘‘Notice
VerDate Sep<11>2014
18:50 Apr 21, 2023
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24757
domestic interested parties claim that
they have interested party status within
the meaning of section 771(9)(C) of the
Act and 19 CFR 351.102(b)(29)(v) as a
producers of the domestic like product.4
On February 2, 2023, Commerce
received an adequate substantive
response from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).5
Commerce did not receive a substantive
response from the Government of
Turkey or any respondent interested
party to this proceeding, nor was a
hearing requested. On February 24,
2023, Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.6 As a result, Commerce
conducted an expedited (120-day)
sunset review of the Order, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by this
Order is certain circular welded carbon
steel pipes and tubes. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.7
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely 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 the
terms of an APO is a sanctionable
violation.
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of subsidization in the event
of revocation of the Order and the
countervailable subsidy rates likely to
prevail if the Order were to be revoked,
is provided in the accompanying Issues
and Decision Memorandum. A list of
the topics discussed in the Issues and
Decision Memorandum is attached as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS), which is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
of Intent to Participate,’’ dated January 18, 2023
(Bull Moose, et al.’s Notice of Intent).
4 See Nucor Tubular’s Notice of Intent at 2; see
also Bull Moose, et al.’s Notice of Intent at 2.
5 See Domestic Interested Parties’ Letter,
‘‘Domestic Interested Parties’ Substantive Response
to the Notice of Initiation,’’ dated February 2, 2023
(Domestic Interested Parties’ Substantive Response).
6 See Commerce’s Letter, ‘‘Sunset Reviews for
January 2023,’’ dated February 24, 2023.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Sunset Review of the Countervailing Duty Order on
Circular Welded Carbon Steel Pipes and Tubes from
Turkey,’’ dated concurrently with and adopted by
this notice (Issues and Decision Memorandum).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(b)
of the Act, we determine that revocation
of the Order would be likely to lead to
continuation or recurrence of a
countervailable subsidies at the
following net countervailable subsidy
rates:
Producers/exporters
Net
countervailable
subsidy rate
ad valorem
(percent)
Bant Boru Sanayi ve Ticaret
A.S ....................................
Borusan Group 8 ...................
Erbosan 9 ..............................
Yucel Boru Group 10 .............
All Others ..............................
4.10
1.80
4.10
2.04
4.10
Notification to Interested Parties
Commerce is issuing and publishing
these final results and this notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: April 18, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
8 The Borusan Group includes the following
entities: Borusan Group, Borusan Holding, A.S.,
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.,
Borusan Istikbal Ticaret, A.S., and Borusan Lojistik
Dagitim Pepolama Tasimacilik ve Tic A.S.
9 Erbosan includes Erbosan Erciyas Boru Sanayi
ve Ticaret A.S. (Erbosan AS) and Erbosan Erciyas
Pipe Industry and Trade Co. Kayseri Free Zone
Branch (Erbosan FZB).
10 The Yucel Boru Group includes Yucel Boru ye
Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye
Pazarlama A.S, and Cayirova Born Sanayi ye Ticaret
A.S.
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Federal Register / Vol. 88, No. 78 / Monday, April 24, 2023 / Notices
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates
Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–08605 Filed 4–21–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–889]
Dioctyl Terephthalate From the
Republic of Korea: Rescission of
Antidumping Administrative Review;
2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding the
administrative review of the
antidumping duty order on dioctyl
terephthalate (DOTP) from the Republic
of Korea (Korea), covering the period of
review (POR) August 1, 2021, through
July 31, 2022.
DATES: Applicable April 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On August 2, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on DOTP from
Korea, covering the POR.1 On August
31, 2022, Eastman Chemical Company
(Eastman, a domestic producer) timely
requested that Commerce conduct an
administrative review.2
On October 11, 2022, Commerce
published in the Federal Register a
notice of initiation of an administrative
review with respect to Aekyung
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 47187 (August 2, 2022).
2 See Eastman’s Letter, ‘‘Dioctyl Terephthalate
(DOTP) from Korea: Administrative Review
Request,’’ dated August 31, 2022.
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18:50 Apr 21, 2023
Jkt 259001
Petrochemical (AKP), Hanwha Chemical
Corporation (Hanwha Chemical), and
LG Chem, Ltd. (LG Chem) in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).3 On
November 10, 2022, Aekyung Chemical
Co., Ltd. (AKC) filed a letter explaining
that AKP, one of the three companies
subject to this review, changed its
business name to AKC, effective
November 1, 2021.4 As a result, AKC
explained that the operations related to
DOTP during the review period by the
legal entity formerly known as AKP
were conducted under the name of AKP
until November 1, 2021, and then under
the name of AKC after that date.5 In
addition, AKC certified that neither
AKP nor AKC had exports, sales, or
entries of DOTP into the United States
during the POR.6
On November 8, 2022, we requested
from U.S. Customs and Border
Protection (CBP) a data file of entries of
subject merchandise imported into the
United States during the POR for those
companies for which a review was
initiated. On November 16, 2022, we
received the CBP entry data 7 that
demonstrated that there were no entries
during the POR from companies covered
by the review (i.e., AKP, Hanwha
Chemical, and LG Chem).8
Consequently, we stated that we
intended to rescind the review and
solicited comments regarding the CBP
data, respondent selection, and our
intent to rescind the review.9 None of
the parties to the proceeding provided
comments regarding the CBP data,
respondent selection, or the rescission
of the review.
On March 7, 2023, we issued a
memorandum to clarify our intent to
rescind the review in full.10 We
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022).
4 See AKP’s Letter, ‘‘Administrative Review of the
Antidumping Order on Dioctyl Terephthalate from
Korea for the 2021–22 Review Period—No
Shipments Letter,’’ dated November 10, 2022
(AKP’s No Shipments Letter).
5 Id.
6 Id. at 2. We clarify that this review was initiated
on and covers AKP. AKC has not requested that we
conduct a successor-in-interest analysis in this
review and Commerce has not considered whether
AKC is the successor-in-interest to AKP.
7 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Dioctyl Terephthalate
from the Republic of Korea: Release of Customs
Data from U.S. Customs and Border Protection,’’
dated November 16, 2022 (Customs Data
Memorandum).
8 Id.
9 Id.
10 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Dioctyl Terephthalate
from the Republic of Korea: Statement of Intent to
Rescind this Administrative Review,’’ dated March
7, 2023.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
reiterated that the record of this review
demonstrates that none of the
companies upon which we initiated the
review (i.e., AKP, Hanwha Chemical,
and LG Chem) had entries of the subject
merchandise during the instant POR.11
In addition, we noted that AKP had
stated for the record that it made no
entries during the POR.12 We explained
further that because the CBP data
demonstrates that there were no
suspended entries for the companies
under review during the POR, and, none
of the parties to the proceeding have
provided information or argument to the
contrary, we confirmed that it was our
intention to rescind this review.13 We
provided all interested parties an
additional opportunity to comment on
Commerce’s intent to rescind the
review.14 No party to the proceeding
provided comments on Commerce’s
intent to rescind the review.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an
antidumping duty order where it
concludes that there were no suspended
entries of subject merchandise during
the POR.15 Normally, upon completion
of an administrative review, the
suspended entries are liquidated at the
antidumping duty assessment rate for
the review period.16 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry that Commerce can instruct CBP
to liquidate at the calculated
antidumping duty assessment rate for
the review period.17 As noted above,
11 Id.
(citing Customs Data Memorandum).
(citing AKP’s No Shipments Letter).
13 Id. at 2.
14 Id.
15 See, e.g., Certain Carbon and Alloy Steel Cutto Length Plate from the Federal Republic of
Germany: Recission of Antidumping Administrative
Review; 2020–2021, 88 FR 4157 (January 24, 2023).
16 See 19 CFR 351.212(b)(1).
17 See, e.g., Shanghai Sunbeauty Trading Co. v.
United States, 380 F. Supp. 3d 1328, 1335–36 (CIT
2019), at 12 (referring to section 751(a) of the Act,
the CIT held: ‘‘While the statute does not explicitly
require that an entry be suspended as a prerequisite
for establishing entitlement to a review, it does
explicitly state the determined rate will be used as
the liquidation rate for the reviewed entries. This
result can only obtain if the liquidation of entries
has been suspended. . . . ’’; see also Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2018–2019, 86 FR 36102, and
accompanying Issues and Decision Memorandum at
Comment 4; and Solid Fertilizer Grade Ammonium
Nitrate From the Russian Federation: Notice of
Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012) (noting that
‘‘for an administrative review to be conducted,
there must be a reviewable, suspended entry to be
liquidated at the newly calculated assessment
rate’’).
12 Id.
E:\FR\FM\24APN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24757-24758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08605]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final
Results of the Expedited Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on circular welded
carbon steel pipes and tubes (pipe and tube) from Turkey would be
likely to lead to continuation or recurrence of countervailable
subsidies at the levels indicated in the ``Final Results of the Sunset
Review'' section of this notice.
DATES: Applicable April 24, 2023.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 1986, Commerce published the order on pipe and tube
from Turkey.\1\ On January 3, 2023, Commerce published the notice of
initiation of the fifth sunset review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On January
17 and 18, 2023, Commerce received timely-filed notices of intent to
participate in this review from Nucor Tubular Products Inc. and from
Bull Moose Tube Company, Maruichi American Corporation, and Zekelman
Industries, respectively, (collectively, the domestic interested
parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\
The domestic interested parties claim that they have interested party
status within the meaning of section 771(9)(C) of the Act and 19 CFR
351.102(b)(29)(v) as a producers of the domestic like product.\4\
---------------------------------------------------------------------------
\1\ See Countervailing Duty Order: Certain Welded Carbon Steel
Pipe and Tube Products from Turkey, 51 FR 7984 (March 7, 1986)
(Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 63
(January 3, 2023).
\3\ See Nucor Tubular Products Inc.'s Letter, ``Notice of Intent
to Participate in Sunset Review,'' dated January 17, 2023 (Nucor
Tubular's Notice of Intent); see also Bull Moose, et al.'s Letter,
``Notice of Intent to Participate,'' dated January 18, 2023 (Bull
Moose, et al.'s Notice of Intent).
\4\ See Nucor Tubular's Notice of Intent at 2; see also Bull
Moose, et al.'s Notice of Intent at 2.
---------------------------------------------------------------------------
On February 2, 2023, Commerce received an adequate substantive
response from the domestic interested parties within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce did not
receive a substantive response from the Government of Turkey or any
respondent interested party to this proceeding, nor was a hearing
requested. On February 24, 2023, Commerce notified the U.S.
International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties.\6\ As a
result, Commerce conducted an expedited (120-day) sunset review of the
Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(B)(2) and (C)(2).
---------------------------------------------------------------------------
\5\ See Domestic Interested Parties' Letter, ``Domestic
Interested Parties' Substantive Response to the Notice of
Initiation,'' dated February 2, 2023 (Domestic Interested Parties'
Substantive Response).
\6\ See Commerce's Letter, ``Sunset Reviews for January 2023,''
dated February 24, 2023.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is certain circular welded
carbon steel pipes and tubes. For a complete description of the scope
of the Order, see the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Sunset Review of the Countervailing
Duty Order on Circular Welded Carbon Steel Pipes and Tubes from
Turkey,'' dated concurrently with and adopted by this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of continuation or recurrence of subsidization
in the event of revocation of the Order and the countervailable subsidy
rates likely to prevail if the Order were to be revoked, is provided in
the accompanying Issues and Decision Memorandum. A list of the topics
discussed in the Issues and Decision Memorandum is attached as an
appendix to this notice. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS), which 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(b) of the Act, we determine
that revocation of the Order would be likely to lead to continuation or
recurrence of a countervailable subsidies at the following net
countervailable subsidy rates:
---------------------------------------------------------------------------
\8\ The Borusan Group includes the following entities: Borusan
Group, Borusan Holding, A.S., Borusan Mannesmann Boru Sanayi ve
Ticaret A.S., Borusan Istikbal Ticaret, A.S., and Borusan Lojistik
Dagitim Pepolama Tasimacilik ve Tic A.S.
\9\ Erbosan includes Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan AS) and Erbosan Erciyas Pipe Industry and Trade Co. Kayseri
Free Zone Branch (Erbosan FZB).
\10\ The Yucel Boru Group includes Yucel Boru ye Profil
Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and
Cayirova Born Sanayi ye Ticaret A.S.
------------------------------------------------------------------------
Net
countervailable
Producers/exporters subsidy rate ad
valorem
(percent)
------------------------------------------------------------------------
Bant Boru Sanayi ve Ticaret A.S........................ 4.10
Borusan Group \8\...................................... 1.80
Erbosan \9\............................................ 4.10
Yucel Boru Group \10\.................................. 2.04
All Others............................................. 4.10
------------------------------------------------------------------------
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results and this
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the
Act and 19 CFR 351.218.
Dated: April 18, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
[[Page 24758]]
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-08605 Filed 4-21-23; 8:45 am]
BILLING CODE 3510-DS-P
