[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68878-68881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27137]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-826]


Certain Hot-Rolled Steel Flat Products From Republic of Turkey: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S. (collectively, 
Colakoglu), a producer and exporter of certain hot-rolled steel flat 
products (hot-rolled steel) from the Republic of Turkey (Turkey), sold 
subject merchandise in the United States at prices below normal value 
during the period of review (POR) October 1, 2017 through September 30, 
2018. In addition, Commerce preliminarily determines that Eregli Demir 
ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel Works Co. 
(collectively, Erdemir Group) had no shipments during the POR. We 
invite all interested parties to comment on these preliminary results.

DATES: Applicable December 17, 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

    Commerce is conducting an administrative review of the antidumping 
duty order on hot-rolled steel from Turkey in accordance with section 
751(a)(1)(B) of Tariff Act of

[[Page 68879]]

1930, as amended (the Act).\1\ On December 11, 2018, in accordance with 
19 CFR 351.221(c)(1)(i), we initiated this administrative review of the 
Order covering thirteen producers and/or exporters of the subject 
merchandise.\2\
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    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 63615 (December 11, 2018). The 
thirteen producers and/or exporters are: (1) Agir Haddecilik A.S.; 
(2) Cag Celik Demir ve Celik; (3) Colakoglu Dis Ticaret AS; (4) 
Colakoglu Metalurji, AS; (5) Eregli Demir ve Celik Fabrikalari 
T.A.S.; (6) Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.; (7) Habas 
Industrial and Medical Gases Production Industries Inc.; (8) Habas 
Sinai ve Tibbi Gazlar Istihsal Endustrisi; (9) Iskenderun Iron & 
Steel Works Co.; (10) MMK Atakas Metalurji; (11) Ozkan Iron and 
Steel Ind.; (12) Seametal San ve Dis Tic; and (13) Tosyali Holding 
(Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac).
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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 28, 2019.\3\ On August 6, 2019, 
we postponed the deadline for the preliminary results of this review 
until November 8, 2019.\4\ On November 4, 2019, we postponed the 
preliminary results of this review until December 10, 2019.\5\ For a 
detailed description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum, dated concurrently 
with these preliminary results and hereby adopted by this notice.\6\
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    \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.
    \4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Turkey: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2017-2018,'' 
dated August 6, 2019.
    \5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Turkey: 2nd Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018,'' dated November 4, 2019.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Certain Hot-Rolled Steel Flat 
Products from Turkey; 2017-2018,'' 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 certain hot-rolled steel 
flat products. For a complete description of the scope of the Order, 
see the Preliminary Decision Memorandum.\7\
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    \7\ Id.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export prices are calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an 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 http://access.trade.gov, and 
to all parties in the Central Records Unit, Room B8024 of the main 
Commerce building. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Determination of No Shipments

    Among the companies under review, Eregli Demir ve Celik Fabrikalari 
T.A.S. and Iskenderun Iron & Steel Works Co. (collectively, the Erdemir 
Group) properly filed a certification reporting that they made no 
shipments of subject merchandise to the United States during the 
POR.\8\ Based on the certification submitted and our analysis of 
Customs and Border Protection (CBP) information, we preliminarily 
determine that the Erdemir Group had no shipments during the POR.\9\ 
Consistent with our standard practice,\10\ Commerce finds that it is 
not appropriate to rescind the review with respect to Erdemir Group, 
but rather to complete the review and issue appropriate instructions to 
CBP based on the final results of this review.
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    \8\ In the underlying investigation, Commerce collapsed Eregrli 
Demir ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel Works 
Co. (collectively, Erdemir Group) as a single entity. See Certain 
Hot-Rolled Steel Flat Products from the Republic of Turkey: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 81 FR 15231 (March 
22, 2016), and accompanying Preliminary Decision Memorandum at 6 
unchanged in Certain Hot-Rolled Steel Flat Products From the 
Republic of Turkey: Final Determination of Sales at Less Than Fair 
Value, 81 FR 53428 (August 12, 2016).
    \9\ See Preliminary Decision Memorandum.
    \10\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes From the Republic of Turkey: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019), and 
accompanying Preliminary Decision Memorandum at 4.
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate 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 market 
economy investigation, for guidance when calculating the rate 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} .''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for Colakoglu that is not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, we 
have preliminarily assigned to the companies not individually examined 
a margin of 2.55 percent, which is Colakoglu's weighted-average dumping 
margin.

Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period October 1, 2017 through September 30, 2018:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter or producer                    dumping margin
                                                          (percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret                 2.55
 A.S...............................................

[[Page 68880]]

 
Agir Haddecilik A.S................................                2.55
Cag Celik Demir ve Celik...........................                2.55
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.........                2.55
Habas Industrial and Medical Gases Production                      2.55
 Industries Inc....................................
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi....                2.55
MMK Atakas Metalurji...............................                2.55
Ozkan Iron and Steel Ind...........................                2.55
Seametal San ve Dis Tic............................                2.55
Tosyali Holding (Toscelik Profile and Sheet Ind.                   2.55
 Co., Toscelik Profil ve Sac)......................
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. Pursuant to 
19 CFR 351.212(b)(1), we calculated an importer-specific ad valorem 
duty assessment rate based on the ratio of the total amount of dumping 
calculated for the examined sales to the total entered value of those 
sales. Where the mandatory respondent did not report entered value, we 
calculated the entered value in order to calculate the assessment rate. 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis within the meaning of 19 CFR 351.106(c)(1), or an 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    For the companies which were not selected for individual review, we 
will assign an assessment rate equal to the weighted-average dumping 
margin determined for the non-examined companies in the final results 
of this review.
    For entries of subject merchandise during the POR produced by the 
respondent for which it did not know that its merchandise was destined 
for the United States, including for the Erdemir Group (which we have 
preliminarily found had no shipments during the POR), we will instruct 
CBP to liquidate such unreviewed entries at the all-others rate if 
there is no rate for the intermediate company(ies) involved in the 
transaction.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\11\
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    \11\ See section 751(a)(2)(C) of the Act.
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the 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) The cash deposit rate for each specific 
company listed above will be equal to each company's weighted-average 
dumping margin established in the final results of this review, except 
if the rate is less than 0.50 percent, and therefore de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for previously investigated companies not 
participating in this review, the cash deposit will continue to be the 
company-specific rate published for the most recently completed segment 
of this proceeding in which the company participated; (3) if the 
exporter is not a firm covered in this review, or the underlying 
investigation, but the producer is, then the cash deposit rate will be 
the rate established for the completed segment for the most recent POR 
for the producer of the 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 underlying investigation.\12\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \12\ See Order, 81 FR at 67965.
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\13\
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    \13\ See 19 CFR 351.224(b).
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    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\14\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
five days after the time limit for filing case briefs.\15\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\16\ Case and 
rebuttal briefs should be filed using ACCESS.\17\
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    \14\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \15\ See 19 CFR 351.309(d)(1).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ See 19 CFR 351.303.
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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. An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\18\ Hearing requests 
should contain: (1) The party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\19\
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    \18\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
    \19\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\20\
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    \20\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's

[[Page 68881]]

presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 10, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Constructed Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation

[FR Doc. 2019-27137 Filed 12-16-19; 8:45 am]
BILLING CODE 3510-DS-P