[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Notices]
[Pages 30694-30696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13728]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-826]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Turkey: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
hot-rolled steel flat products from the Republic of Turkey (Turkey) 
were not sold at less than normal value during the period of review 
(POR), March 22, 2016 through September 30, 2017.

DATES: Applicable June 27, 2019.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 2018, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Results. Between December 14 and 21, 
2018, Commerce received timely filed briefs and rebuttal briefs from 
the petitioners \2\ and Colakoglu Metalurji A.S. and Colakoglu Dis 
Ticaret A.S (collectively, Colakoglu).\3\
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    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Turkey: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2016-2017, 83 
FR 56805 (November 14, 2018) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ The petitioners are ArcelorMittal USA LLC, AK Steel 
Corporation, Nucor Corporation, California Steel Industries, Steel 
Dynamics, Inc., Thomas Steel Strip Corporation, and United States 
Steel Corporation (collectively, the petitioners).
    \3\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat 
Products from Turkey--Petitioners' Case Brief Regarding Colakoglu,'' 
dated December 14, 2018; see also Colakoglu's Letter, ``Certain Hot-
Rolled Steel Flat Products from the Republic of Turkey: Colakoglu's 
Case Brief,'' dated December 14, 2018; Petitioners' Letter, 
``Certain Hot-Rolled Steel Flat Products from Turkey--Petitioners' 
Rebuttal Brief Regarding Colakoglu,'' dated December 21, 2018; and 
Colakoglu's Letter, ``Certain Hot-Rolled Steel Flat Products from 
the Republic of Turkey: Colakoglu's Rebuttal Brief,'' dated December 
21, 2018.
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    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\ Commerce tolled 
all such deadlines by 40 days, and if the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day. Furthermore, on both April 9, 2019, and 
May 22, 2019, Commerce extended the deadline for these final 
results.\5\ Accordingly, the revised deadline for these final results 
is June 21, 2019.
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    \4\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive 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.
    \5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Turkey: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review; 2016-2017,'' dated April 
9, 2019; see also Memorandum, ``Certain Hot-Rolled Steel Flat 
Products from the Republic of Turkey: Extension of Deadline for 
Final Results of Antidumping Duty Administrative Review; 2016-
2017,'' dated May 22, 2019.
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    These final results cover 11 producers or exporters of the subject 
merchandise as listed in the ``Final Results of the Review'' section of 
this notice. Commerce conducted this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 6
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    \6\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Order).
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    The merchandise covered by the order is certain hot-rolled steel 
flat products. For a complete description of the scope of this order, 
see the Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review of Certain 
Hot-Rolled Steel Flat Products from Republic of Turkey 2016-2017,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Gazi Metal 
Mamulleri Sanayi Ve Ticaret A.S. (Gazi), Toscelik Profile and Sheet 
Ind. Co. (a.k.a. Toscelik Profil ve Sac endustrisi A.S.) and Tosyali 
Holding A.S. (collectively, Toscelik), and Eregli Demir ve Celik 
Fabrikalari T.A.S. and Iskenderun Iron and Steel Works Ltd. (a.k.a. 
Iskenderun Demir ve Celik A.S.) (collectively, Erdemir) had no 
shipments of the subject merchandise during the POR. As no party has 
identified any record evidence which would call into question these 
preliminary findings, we continue to find that Gazi, Toscelik, and 
Erdemir made no shipments of subject merchandise during the POR. 
Accordingly, consistent with our practice, we intend to instruct U.S. 
Customs and Border Protection (CBP) to liquidate any existing entries 
of subject merchandise associated with these companies consistent with 
Commerce's reseller policy.\8\
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy).
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Analysis of the Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum, which is hereby adopted with this 
notice. A list of these issues is attached in an appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement

[[Page 30695]]

and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS). ACCESS is available to registered 
users at http://access.trade.gov and it 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.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. For a full discussion of these 
changes, see the Issues and Decision Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be applied to 
companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in a less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin for companies which 
were not selected for individual examination in an administrative 
review. Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally ``an amount equal to the weighted-average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero or de minimis 
margins, and any margins determined entirely {on the basis of facts 
available{time} .'' However, section 735(c)(5)(B) of the Act states 
that if the weighted-average dumping margins for all individually 
examined exporters or producers are zero or de minimis or based 
entirely on facts available, then Commerce may use ``any reasonable 
method'' to establish the all-others rate, including averaging the 
weighted-average dumping margins for the individually examined 
companies.
    Consistent with section 735(c)(5)(B) of the Act, we have determined 
that a reasonable method for determining the weighted-average dumping 
margin for each of the non-selected companies is to use the weighted-
average dumping margin calculated for the sole mandatory respondent 
(i.e., Colakoglu) in this administrative review. Although the weighted-
average dumping margin calculated for Colakoglu is zero, it is the only 
rate calculated in this review and, thus, Commerce has determined the 
weighted-average dumping margin for the non-examined companies to be 
zero.\9\
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    \9\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review; 2016-2017, 84 FR 23017 
(May 21, 2019).
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Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period March 22, 2016 through September 30, 2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S......        0.00
Agir Haddecilik A.S.........................................        0.00
Habas Industrial and Medical Gases Production Industries Inc        0.00
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi.............        0.00
MMK Atakas Metalurji........................................        0.00
Ozkan Iron and Steel Ind....................................        0.00
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Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the publication date of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this administrative review in the Federal Register.
    For Colakoglu and for each of the non-examined companies identified 
above, we will instruct CBP to liquidate its entries during the POR 
imported by the importers identified in its questionnaire responses 
without regard to antidumping duties because each company's weighted-
average dumping margin in these final results is zero.\10\
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    \10\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14, 
2012).
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    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Gazi, Toscelik, Erdemir, 
and any other company upon which we examined in this administrative 
review (i.e., Colakoglu) for which they did not know that the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction.\11\
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    \11\ For a full discussion of this practice, see Assessment 
Policy.
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    We intend to issue instructions to CBP 15 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(2)(C) of 
the Act: (1) For the companies identified above in the Final Results of 
Review section, the cash deposit rates will be equal to the weighted-
average dumping margins established in the final results of this 
review, except where the weighted-average dumping margin is de minimis 
(i.e., less than 0.5 percent) the cash deposit rate will be zero; (2) 
for previously reviewed or investigated companies not participating in 
this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
previous review, or the original LTFV investigation, but the producer 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of 
subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 6.41 percent, the all-others 
rate established in the LTFV investigation.\12\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \12\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement

[[Page 30696]]

of antidumping duties prior to liquidation of the relevant entries 
during this review period. Failure to comply with this requirement 
could result in the presumption that reimbursement of antidumping 
duties occurred and the subsequent assessment of double antidumping 
duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction 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.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) 
and 351.221(b)(5) of Commerce's regulations.

    Dated: June 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Changes Since the Preliminary Results
VI. Discussion of Issues
    Comment 1: Home Market Sales with Incomplete Matching Control 
Numbers
    Comment 2: Home Market Gross Unit Price Currency
    Comment 3: Home Market Credit Expense Adjustment
    Comment 4: Quarterly Cost
    Comment 5: Costs Recovery Test
    Comment 6: Duty Drawback
    Comment 7: U.S. Date of Sale
    Comment 8: Constructed Export Price (CEP) Offset
    Comment 9: SAS Programing Errors
VII. Recommendation

[FR Doc. 2019-13728 Filed 6-26-19; 8:45 am]
 BILLING CODE 3510-DS-P