[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Notices]
[Pages 21327-21329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09935]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipes and Tubes From the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review, in Part; Calendar Year 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that exporters/producers of circular welded carbon steel pipes and
tubes from the Republic of Turkey (Turkey) received countervailable
subsidies during the period of review (POR), January 1, 2017, through
December 31, 2017.
DATES: Applicable May 14, 2019.
FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, 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) 482-1009 and (202) 482-8362,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 1986, Commerce published in the Federal Register the
countervailing duty order on circular welded carbon steel pipes and
tubes from Turkey.\1\ On May 2, 2018, Commerce published a notice of
initiation of an administrative review of the Order covering 25
companies.\2\ On November 15, 2018, Commerce extended the due date of
the preliminary results of this administrative review until March 29,
2019.\3\ On January 28, 2019, Commerce exercised its discretion to toll
all deadlines affected by the partial federal government closure from
December 22, 2018, through the resumption of operations on January 29,
2019.\4\ As a
[[Page 21328]]
result, the revised deadline for the preliminary results in this review
was extended to May 8, 2019.
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\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 Antidumping and Countervailing Duty
Administrative Reviews, 83 FR, 19215, (May 2, 2018) (Initiation).
\3\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Turkey: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review,'' dated November 15,
2018.
\4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding affected by the partial federal
government closure have been extended by 40 days.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the Appendix 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 and is available to all
parties 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 at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2017:
Certain Welded Carbon Steel Pipe and Tube Products From Turkey,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is circular welded carbon
steel pipes and tubes from Turkey. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting 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, we preliminarily
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\6\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary 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.
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Intent To Rescind Administrative Review, in Part
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) timely filed
a no shipments certification.\7\ Because no evidence on the record
contradicts this certification, we preliminarily intend to rescind this
administrative review with regard to Erbosan, in accordance with 19 CFR
351.213(d)(3). A final decision on whether to rescind the review with
respect to Erbosan will be made in the final results of this review.
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\7\ See letter from Erbosan ``No Shipment Certification of
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) in the 2017
Administrative Review of the Countervailing Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from Turkey,'' dated May
14, 2018.
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Additionally, on June 1, 2018, Borusan submitted a letter to
Commerce timely certifying that Borusan Istikbal Ticaret T.A.S.
(Borusan Istikbal), Borusan Birlesik Boru Fabrikalair San ve Tic.,
Borusan Gemlik Boru Tesisleri A.S., Borusan Ithicat ve Dagitim A.S.,
Borusan Ihacat Ithalat ve Dagitim A.S., and Tubeco Pipe and Steel
Corporation had no entries, exports, or sales of subject merchandise
during the POR.\8\ A final decision on whether to rescind the review
with respect to these aforementioned companies for which a review was
requested in connection with Borusan will be made in the final results
of this review.\9\
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\8\ See Letter from Borusan, ``Circular Welded Carbon Steel
Pines and Tubes from Turkey. Case No. C-489-502: No Shipment
Letter,'' dated June 1, 2018.
\9\ Because we have found Borusan Istikbal to be cross-owned
with Borusan during the instant POR, we are assigning Borusan's rate
to Borusan Istikbal, and thus, we do not intend to rescind the
review with respect to Borusan Istikbal.
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Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated
individual subsidy rates for the Borusan Companies and the Toscelik
Companies. For the period January 1, 2017, through December 31, 2017,
we preliminarily determine that the following net subsidy rates for the
producers/exporters under review to be as follows:
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Subsidy rate
Company ad valorem
percent
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Borusan Holding A.S., Borusan Mannesmann Yatirim 0.92
Holding, Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(Borusan), and Borusan Istikbal Ticaret T.A.S.
(Istikbal) (collectively, the Borusan Companies).......
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik 1.53
Profil), Tosyali Dis Ticaret A.S. (TDT), Tosyali
Holding, Toscelik Toyo Celik (Toscelik Toyo), Tosyali
Filmasin ve Insaat Demir (Tosyali Filmasin), Toscelik
Spiral Boru (Toscelik Spiral), Tosyali Demir Celik San
A.S. (TDC), Toscelik Granul San A.S. (Toselik Granul),
and Tosyali Celik Ticaret A.S. (TCT) (collectively, the
Toscelik Companies)....................................
Cagil Makina Sanayi ve Ticaret A.S...................... 1.23
Cayirova Boru Sanayi ve Ticaret A.S..................... 1.23
Cimtas Boru Imalatlari ve Ticaret Sirketi............... 1.23
Eksen Makina............................................ 1.23
Guner Eksport........................................... 1.23
Guven Steel Pipe (also known as Guven Celik Born San. Ve 1.23
Tic. Ltd.).............................................
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul 1.23
Net Boru Sanayi ve Dis Ticaret Koll. Sti................ 1.23
Toscelik Metal Ticaret A.S.............................. 1.23
Umran Celik Born Sanayii A.S., also known as Umran Steel 1.23
Pipe Inc...............................................
Yucel Boru ve Profil Endustrisi A.S..................... 1.23
Yucelboru Ihracat Ithalat ve Pazarlama A.S.............. 1.23
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Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and 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.
[[Page 21329]]
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2017 through December 31,
2017, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the
final results, Commerce also intends to instruct CBP to collect cash
deposits of estimated countervailing duties for each of the companies
listed above 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 administrative review, except, where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties 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.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\10\ Interested
parties may submit written arguments (case briefs) within 30 days of
publication of the preliminary results and rebuttal comments (rebuttal
briefs) within five days after the time limit for filing the case
briefs.\11\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs may
respond only 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\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and 351.309(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, U.S. Department of Commerce,
within 30 days after the date of publication of this notice.\13\
Requests should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues to be
discussed. Issues addressed during the hearing will be limited to those
raised in the briefs.\14\ If a request for a hearing is made, we will
inform parties of the scheduled date for the hearing, which will be
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a time and location to be determined.\15\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00PM
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce will issue the final results of this administrative
review, including the results of our analysis of the issues raised by
parties in their comments, within 120 days after issuance of these
preliminary results.
These preliminary results 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: May 8, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Intent to Rescind the Administrative Review, In Part
VII. Non-Selected Rate
VIII. Analysis of Programs
IX. Conclusion
[FR Doc. 2019-09935 Filed 5-13-19; 8:45 am]
BILLING CODE 3510-DS-P