[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51440-51442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22129]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-817]
Oil Country Tubular Goods From the Republic of Turkey:
Preliminary Results of Countervailing Duty Administrative Review; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 51441]]
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers and exporters of oil country tubular goods
(OCTG) from the Republic of Turkey (Turkey) received countervailable
subsidies during the period of review (POR) January 1, 2016, through
December 31, 2016. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable: October 11, 2018.
FOR FURTHER INFORMATION CONTACT: Aimee Phelan, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0697.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2017, Commerce published a notice of opportunity to
request an administrative review of the CVD order on OCTG from Turkey
for the period January 1, 2016, through December 31, 2016.\1\ On
September 29, 2017, Commerce received a review request from Maverick
Tube Corporation and TenarisBayCity (domestic interested parties), for
the following seven exporters and/or producers of subject merchandise:
(1) Borusan Mannesmann Boru Sanayi ve Ticaret A.S., (2) Borusan
Istikbal Ticaret, (3) Cayirova Boru San A.S., (4) Cayirova Boru Sanayi
ve Ticaret A.S., (5) HG Tubulars Canada Ltd., (6) Yucel Boru Ihracat ve
Pazarlama A.S., and (7) Yucelboru Ihracat, Ithalat.\2\ On October 2,
2017, Borusan submitted a letter to Commerce requesting a review of
itself.\3\ On November 13, 2017, Commerce published a notice of
initiation of an administrative review for this CVD order.\4\ Commerce
postponed the deadline for issuing the preliminary results of this
administrative review to October 3, 2018.\5\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 82 FR 41595 (September 1, 2017).
\2\ See Letter from Maverick Tube Corporation and
TenarisBayCity, ``Oil Country Tubular Goods from Turkey: Request for
Administrative Review,'' dated September 29, 2017. The domestic
interested parties also requested a review of Tosyali Dis Ticaret
A.S., Toscelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik
Enerjisi Toptan Satis, Ith. Ihr. A.S., Tosyali Demir Celik San.
A.S., and Tosyali Holding A.S. (collectively, Toscelik). However, on
October 5, 2017, Commerce published an amendment to the CVD order to
exclude Toscelik. Thus, Commerce did not initiate an administrative
review of Toscelik. See Oil Country Tubular Goods from the Republic
of Turkey: Amendment of Countervailing Duty Order, 82 FR 46483
(October 5, 2017).
\3\ See Letter from Borusan, ``Oil Country Tubular Goods from
Turkey, Case No. C-489-817: Request for Countervailing Duty
Administrative Review,'' dated October 2, 2017. In the
investigation, Commerce determined that Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret are cross-owned
and applied a single CVD rate to both companies. See Certain Oil
Country Tubular from the Republic of Turkey: Final Affirmative
Countervailing Duty Determination and Final Affirmative Critical
Circumstances Determination, 79 FR 41964 (July 18, 2014), and
accompanying, Issues and Decisions Memorandum (IDM) at 4-5.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 52268 (November 13, 2017).
\5\ See Memorandum re: ``Extension of Deadline for Preliminary
Results,'' dated August 29, 2018.
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Scope of the Order
The merchandise covered by the order is certain OCTG, which are
hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast iron) or steel (both carbon
and alloy), whether seamless or welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or threaded and coupled) whether or
not conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service OCTG
products), whether or not thread protectors are attached. The scope of
the order also covers OCTG coupling stock. A full description of the
scope of the order is contained in the Preliminary Decision Memorandum,
which is hereby adopted by this notice.\6\
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\6\ See Memorandum re: ``Decision Memorandum for the Preliminary
Results of 2016 Countervailing Duty Administrative Review: Oil
Country Tubular Goods from the Republic of Turkey,'' dated
concurrently with this notice (Preliminary Decision Memorandum).
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Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\7\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.\8\ 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 and in the Central Records Unit, Room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content. A list of topics
discussed in the Preliminary Decision Memorandum is provided in the
Appendix to this notice.
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\7\ 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.
\8\
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Preliminary Results of the Review
We preliminarily determine the following net countervailable
subsidy rate for the mandatory respondent, Borusan, for the period
January 1, 2016, through December 31, 2016:
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Net subsidy
rate ad
Company valorem
(percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S., and 0.66
Borusan Istikbal Ticaret. \9\
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
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\9\ Commerce has determined that Borusan Mannesmann Boru Sanayi
ve Ticaret A.S. and Borusan Istikbal Ticaret are cross-owned. See
Preliminary Decision Memorandum.
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Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount shown above for Borusan, with
regard to shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most recent
company specific or all-others rate applicable to the company. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
[[Page 51442]]
Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results.\10\ Interested parties may
submit written comments (case briefs) on the preliminary results no
later than 30 days from the date of publication of this Federal
Register notice, and rebuttal comments (rebuttal briefs) within five
days after the time limit for filing case briefs.\11\ Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in
the case briefs. Parties who submit arguments are requested to submit
with the argument: (1) A statement of the issue; (2) a brief summary of
the argument; and (3) a table of authorities.\12\ All briefs must be
filed electronically using ACCESS.
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\13\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, parties will be notified of the
date and time for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\14\
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: October 3, 2018.
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--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Recommendation
[FR Doc. 2018-22129 Filed 10-10-18; 8:45 am]
BILLING CODE 3510-DS-P