[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:
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Weighted-average
Exporter or producer dumping margin
(percent)
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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