[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47479-47481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22069]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final 
Results of Countervailing Duty Administrative Review; Calendar Year 
2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) has completed the 
administrative review of the countervailing duty (CVD) order on 
circular welded carbon steel pipes and tubes (pipes and tubes) from 
Turkey for the January 1, 2015, through December 31, 2015, period of 
review (POR) in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act). This review covers multiple exporters/
producers, two of which are being individually examined as mandatory 
respondents. We have determined that

[[Page 47480]]

the net subsidy rate for Borusan Holding, A.S. (Borusan Holding), 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), and Borusan 
Istikbal Ticaret T.A.S. (Istikbal) (collectively, the Borusan 
Companies), is 0.49 percent ad valorem. We have determined that the net 
subsidy rate for Toscelik Profil ve Sac Endustrisi A.S. (Toscelik 
Profil), Tosyali dis Ticaret A.S. (Tosyali) and Tosyali Holding 
(Tosyali) (collectively, the Toscelik Companies), is 6.64 percent ad 
valorem.
    Further, in these final results, we have applied the net subsidy 
rate calculated for the Toscelik Companies to the following four 
respondents not subject to individual examination: Erbosan Erciyas Boru 
Sanayi ve Ticaret A.S. (Erbosan), Umran Celik Born Sanayii A.S. (also 
known as Umran Steel Pipe Inc.) (Umran), Guven Steel Pipe (also known 
as Guven Celik Born San. Ve Tic. Ltd.) (Guven), and Yucel Boru ye 
Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and 
Cayirova Boru Sanayi ye Ticaret A.S. (collectively, hereinafter, the 
Yucel Companies).

DATES: Applicable October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Patricia Tran (the Toscelik Companies) 
at 202-482-1503, or Jolanta Lawska (the Borusan Companies) at 202-482-
8362, AD/CVD Operations, Office III, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

Scope of Order

    The products covered by this order are certain welded carbon steel 
pipe and tube with an outside diameter of 0.375 inch or more, but not 
over 16 inches, of any wall thickness (pipe and tube) from Turkey. 
These products are currently classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings as 7306.30.10, 
7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum.\1\ A list of the issues raised by 
interested parties and to which we responded in the Issues and Decision 
Memorandum is provided in the Appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \1\ See Memorandum to Gary Taverman, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for Final Results 
of Countervailing Duty (CVD) Administrative Review: Circular Welded 
Carbon Steel Pipes and Tubes from Turkey,'' dated concurrently with 
and hereby adopted by these final results (Issues and Decision 
Memorandum).
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable during the POR, we determine that there is a subsidy, 
i.e., a government-provided financial contribution that confers a 
benefit to the recipient, and that the subsidy is specific.\2\ For a 
complete description of the methodology underlying all of the 
Department's conclusions, see the Issues and Decision Memorandum.
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    \2\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we calculated an 
individual subsidy rate for the mandatory respondents, the Borusan 
Companies and the Toscelik Companies. The subsidy rate calculated for 
the Borusan Companies is de minimis. As discussed in the accompanying 
Issues and Decision Memorandum, it is the Department's practice to 
calculate a rate for companies that are not individually examined by 
averaging the weighted-average net subsidy rates for the individually-
reviewed companies, excluding rates that are zero, de minimis, or based 
entirely on facts available. Because only the Toscelik Companies 
received an above-de minimis net subsidy rate, and this rate is not 
based entirely on facts available, for the companies for which a review 
was requested that were not individually examined as mandatory 
respondents, i.e., Erbosan, Guven, Umran, and the Yucel Companies, we 
assigned the subsidy rate calculated for the Toscelik Companies. As a 
result of this review, we determine the listed net subsidy rates for 
January 1, 2015, through December 31, 2015:
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    \3\ See Circular Welded Carbon Steel Pipes and Tubes from 
Turkey: Final Results of Countervailing Duty Administrative Review; 
Calendar Year 2013 and Rescission of Countervailing Duty 
Administrative Review, in Part, 80 FR 61361 (October 13, 2015).
    \4\ Id.
    \5\ Id.

------------------------------------------------------------------------
                                                       Net subsidy rate
                       Company                             (percent)
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Borusan Group, Borusan Holding, A.S. (Borusan                     * 0.49
 Holding), Borusan Mannesmann Boru Sanayi ve Ticaret
 A.S. (Borusan), Borusan Istikbal Ticaret T.A.S.
 (Istikbal), (collectively, the Borusan Companies)..
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik                    6.64
 Profil), Toscelik Metal Ticaret AS., and Tosyali
 Dis Ticaret AS. (Tosyali) (collectively, the
 Toscelik Companies)................................
Guven Steel Pipe (also known as Guven Celik Born                    6.64
 San. Ve Tic. Ltd.) (Guven) \3\.....................
Umran Celik Born Sanayii A.S. (also known as Umran                  6.64
 Steel Pipe Inc.) (Umran) \4\.......................
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.                         6.64
 (Erbosan)..........................................
Yucel Boru ye Profil Endustrisi A.S., Yucelboru                     6.64
 Ihracat Ithalat ye Pazarlama A.S. and Cayirova Boru
 Sanayi ye Ticaret A.S. (collectively, the Yucel
 Companies) \5\.....................................
------------------------------------------------------------------------
* (de minimis).


[[Page 47481]]

Disclosure

    We will disclose to the parties in this proceeding the calculations 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register.\6\
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    \6\ See 19 CFR 351.224(b).
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Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue assessment instructions to U.S. Customs and Border Protection 
(CBP) 15 days after the date of publication of these final results of 
review to liquidate shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after January 1, 2015, 
through December 31, 2015. Concerning the Borusan Companies, the 
Department intends to issue assessment instructions to CBP to liquidate 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after January 1, 2015, through December 31, 2015, 
without regard to countervailing duties.

Cash Deposits

    In accordance with section 751(a)(1) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above, except if the rate calculated in these final results is zero or 
de minimis, no cash deposit will be required. These cash deposit 
requirements, effective upon publication of these final results, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a 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(a)(3), which continues to govern 
business proprietary information in this segment of proceeding. Timely 
written notification of the return/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 which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
III. List of Comments
IV. Scope of the Order
V. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Loan Benchmark and Discount Interest Rates
VI. Non-Selected Rate
VII. Analysis of Programs
    A. Programs Determined To Be Countervailable
    1. Deduction From Taxable Income for Export Revenue
    2. Short-Term Pre-Shipment Rediscount Program
    3. Provision of Hot-Rolled Steel (HRS) for Less Than Adequate 
Remuneration (LTAR)
    4. Inward Processing Certificate Exemption
    5. Law 6486: Social Security Premium Incentive
    6. Law 5084: Allocation of Free Land and Purchase of Land for 
LTAR
    7. Export Financing: Export-Oriented Working Capital Program
    B. Programs Found Not to Confer Countervailable Benefits
    C. Programs Determined to Not Be Used
VIII. Analysis of Comments
    Comment 1: Attribution of the Tos[ccedil]elik Companies' Subsidy 
Benefits
    Comment 2: Short-Term Loan Benchmark
    Comment 3: Calculation of Benchmark Used To Measure Whether 
Tos[ccedil]elik Purchased Hot-Rolled Steel (HRS) for Less Than 
Adequate Remuneration (LTAR)
    Comment 4: Whether the HRS Benchmark From the Preliminary 
Results Contains HRS Purchases That Are Not Comparable to the HRS 
Purchased From Erdemir
    Comment 5: Erbosan's Clarification of its No Shipment 
Certification
    Comment 6: Correct Clerical Error in HRS Benchmark
IX. Recommendation

[FR Doc. 2017-22069 Filed 10-11-17; 8:45 am]
 BILLING CODE 3510-DS-P