[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Notices]
[Pages 11504-11506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05867]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-817]
Oil Country Tubular Goods From the Republic of Turkey: Final
Results of Countervailing Duty Administrative Review; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 11505]]
SUMMARY: The Department of Commerce (Commerce) has completed its
administrative review of the countervailing duty (CVD) order on oil
country tubular goods (OCTG) from the Republic of Turkey (Turkey). The
period of review (POR) is January 1, 2016, through December 31, 2016.
We have determined that Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(Borusan), the only mandatory respondent, received countervailable
subsidies during the POR.
DATES: Applicable March 27, 2019.
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 October 11, 2018, Commerce published the Preliminary Results of
this CVD administrative review in the Federal Register.\1\ For a
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\2\ Commerce exercised its
discretion to toll deadlines affected by the partial federal government
closure from December 22, 2018 through the resumption of operations on
January 29, 2019.\3\ Accordingly, the revised deadline for the final
results of this review is now March 20, 2019.
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\1\ See Oil Country Tubular Goods from the Republic of Turkey:
Preliminary Results of Countervailing Duty Administrative Review;
2016, 83 FR 51440 (October 11, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Countervailing Duty Administrative Review of Oil
Country Tubular Goods from the Republic of Turkey; 2016,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum) at 2-3.
\3\ See memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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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. The merchandise subject to
the order is currently classified in the Harmonized Tariff Schedule of
the United States (HTSUS) under item numbers: 7304.29.10.10,
7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50,
7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60,
7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40,
7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15,
7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60,
7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00,
7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50,
7306.29.81.10, and 7306.29.81.50. The merchandise subject to the order
may also enter under the following HTSUS item numbers: 7304.39.00.24,
7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76,
7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20,
7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60,
7304.59.80.65, 7304.59.80.70, 7304.59.80.80, 7305.31.40.00,
7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and
7306.50.50.70. The HTSUS subheadings above are provided for convenience
and customs purposes only. The written description of the scope of the
order is dispositive. A full description of the scope of the order is
contained in the Issues and Decision Memorandum.\4\
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\4\ See Issues and Decision Memorandum at 2-3.
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Analysis of Comments Received
The issues raised by Maverick Tube Corporation and TenarisBayCity
(the domestic interested parties), the Government of Turkey (GOT), and
Borusan are addressed in the Issues and Decision Memorandum.\5\ 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
CVD Centralized Electronic Service System (ACCESS). ACCESS is available
to registered users at https://access.trade.gov; the Issues and
Decision Memorandum 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
on the internet http://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
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\5\ Id. at 6-12.
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Methodology
We conducted this 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 during the POR, we find that there
is a subsidy, i.e., a government-provided financial contribution that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
conclusions, see the Issues and Decision Memorandum.
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\6\ 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.
\7\ As discussed in the Issues and Decision Memorandum, Commerce
has found the following company to be cross-owned with Borusan:
Borusan Istikbal Ticaret.
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Final Results of the Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rate for Borusan, for the period January 1,
2016, through December 31, 2016:
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Subsidy rate
Company (percent ad
valorem)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S \7\....... 0.66
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[[Page 11506]]
Assessment Rates
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
appropriate assessment instructions to U.S. Customs and Border
Protection (CBP) 15 days after publication of these final results of
review, to liquidate shipments of subject merchandise produced by and/
or exported by Borusan, entered, or withdrawn from warehouse, for
consumption on or after January 1, 2016, through December 31, 2016, at
the ad valorem rate listed above.
Cash Deposit Requirements
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 amount shown above for Borusan, on 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, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Administrative Protective Orders
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). Timely written
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 terms of an APO is a sanctionable
violation.
We are issuing and publishing these final results of review in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(5).
Dated: March 22, 2019.
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 Issues and Decision Memorandum
I. Summary
II. Scope of the Order
III. Subsidies Valuation Information
IV. Benchmark Interest Rates
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Using Production Data Provided by the Government of
Turkey (GOT) in Analysis of Market Distortion
Comment 2: The Appropriate Methodology to Calculate a `Tier 2'
Benchmark
Comment 3: Whether to Place the Verification Report from the
Large Diameter Welded Pipe from Turkey Investigation on this Case
Record
VII. Recommendation
[FR Doc. 2019-05867 Filed 3-26-19; 8:45 am]
BILLING CODE 3510-DS-P