[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63098-63100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22052]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
Eregli Demir ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel 
Works Co. (collectively, Erdemir Group) had no shipments of certain 
hot-rolled steel flat products (hot-rolled steel) from the Republic of 
Turkey (Turkey) to the United States during the period of review (POR), 
October 1, 2017 through September 30, 2018. Additionally, Commerce 
continues to determine that certain non-examined producers and 
exporters made sales of hot-rolled steel to the United States at prices 
below normal value (NV) during the POR.

DATES: Applicable October 6, 2020.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,

[[Page 63099]]

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 October 3, 2016, Commerce published an antidumping duty order on 
hot-rolled steel from Turkey.\1\ Commerce published the Preliminary 
Results of the 2017-18 administrative review of the Order on December 
17, 2019.\2\ We preliminarily determined that the sole mandatory 
respondent, Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S. 
(collectively, Colakoglu), sold subject merchandise in the United 
States at prices below NV, and that the Erdemir Group made no shipments 
of subject merchandise to the United States during the POR.\3\
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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 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, 84 
FR 68878 (December 17, 2019) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \3\ Id.
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    On January 16, 2020, Colakoglu filed a case brief.\4\ On January 
21, 2020, ArcelorMittal USA LLC (the petitioner) filed a rebuttal 
brief.\5\
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    \4\ See Colakoglu's Letter, ``Colakoglu's Case Brief,'' dated 
January 16, 2020.
    \5\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief 
Regarding Colakoglu,'' dated January 21, 2020.
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    On April 9, 2020, we extended the time limit for the final results 
of this review from 120 days to 178 days after publication of the 
Preliminary Results.\6\ On April 24, 2020, Commerce tolled all 
deadlines in administrative reviews by 50 days.\7\ Subsequently, on 
July 21, 2020, Commerce tolled all deadlines in administrative reviews 
by an additional 60 days.\8\ The deadline for the final results of this 
review is now September 30, 2020.
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    \6\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Turkey: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review; 2017-2018,'' dated April 
9, 2020.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \8\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    On May 15, 2020, Commerce discontinued this administrative review 
with respect to Colakoglu, based on the final judgment of the U.S. 
Court of International Trade (CIT) in the litigation associated with 
the underlying less-than-fair-value investigation.\9\
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    \9\ On April 13, 2020, the CIT issued its final judgment 
sustaining Commerce's final results of redetermination wherein 
Colakoglu's estimated weighted-average dumping margin from the 
underlying less-than-fair-value investigation changed from 6.77 
percent to zero percent. See Eregli Demir ve Celik Fabrikalari T.A.S 
v. United States, 435 F. Supp. 3d 1378 (CIT 2020). Therefore, we 
excluded Colakoglu from the Order and discontinued this review of 
Colakoglu during the pendency of the appeals process. See Certain 
Hot-Rolled Steel Flat Products from Turkey: Notice of Court Decision 
Not in Harmony with the Amended Final Determination in the Less-
Than-Fair-Value Investigation; Notice of Amended Final 
Determination, Amended Antidumping Duty Order, Notice of Revocation 
of Antidumping Duty Order in Part; and Discontinuation of the 2017-
18 and 2018-19 Antidumping Duty Administrative Reviews, in Part, 85 
FR 29399 (May 15, 2020) (Amended Final Determination and Amended 
Order).
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    The ``Final Results of the Review'' section lists the companies 
covered by these final results. Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).

Scope of the Order

    The merchandise covered by the order is certain hot-rolled steel 
flat products from Turkey. For a complete description of the scope of 
this order, see the Preliminary Results.

Analysis of Comments Received

    Colakoglu was the sole mandatory respondent in this administrative 
review, and all issues raised in Colakoglu's case brief and the 
petitioner's rebuttal brief relate to Colakoglu. Because Commerce 
discontinued this administrative review with respect to Colakoglu, 
effective April 23, 2020, we have not considered the issues raised in 
parties' briefs for these final results, and therefore there is no 
accompanying Issues and Decision Memorandum.

Changes Since the Preliminary Results

    Because this review has been discontinued with respect to 
Colakoglu, we have not calculated a weighted-average dumping margin for 
these final results. Therefore, the weighted-average dumping margin 
determined for each of the non-examined companies is 2.73 percent from 
the Amended Final Determination and Amended Order.

Final Determination of No Shipments

    In the Preliminary Results, we determined that Erdemir Group had no 
shipments.\10\ We received no comments with respect to this preliminary 
determination. As there is no record evidence which would call into 
question the Preliminary Results, we continue to find that the Erdemir 
Group had no shipments of subject merchandise during the POR. 
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 the Erdemir Group consistent with 
Commerce's reseller policy.\11\
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    \10\ See Preliminary Results, 84 FR 68879, and accompanying PDM 
at 6.
    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Reseller Policy).
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Non-Examined Companies

    The statute and Commerce's regulations do not address what rate to 
apply to companies who are 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 rate for non-examined companies 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 companies are zero, de minimis or based entirely 
on facts available, then Commerce may use ``any reasonable method'' for 
assigning a rate to non-examined companies.
    As a result of Colakoglu's exclusion from the Order after the 
publication of the Preliminary Results, and no selection of another 
company for individual examination, there is no calculated weighted-
average dumping margin in these final results which can be used to 
determine the weighted-average dumping margin for the non-examined 
companies. Further, after excluding Colakoglu, the only individually 
calculated rate in any segment of this proceeding is the 2.73 percent 
rate calculated for Erdemir Group in the LTFV investigation, and 
assigned as the all-others rate in the Amended Final Determination and

[[Page 63100]]

Amended Order.\12\ Therefore, we have assigned the 2.73 percent rate 
for Erdemir Group and all other producers and exporters as the 
weighted-average dumping margin for the non-examined companies in this 
administrative review.
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    \12\ See Amended Final Determination and Amended Order, 85 FR at 
29400.
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Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period October 1, 2017 through September 30, 
2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Agir Haddecilik A.S.........................................        2.73
Cag Celik Demir ve Celik....................................        2.73
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S..................        2.73
Habas Industrial and Medical Gases Production Industries Inc        2.73
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi.............        2.73
MMK Atakas Metalurji........................................        2.73
Ozkan Iron and Steel Ind....................................        2.73
Seametal San ve Dis Tic.....................................        2.73
Tosyali Holding (Toscelik Profile and Sheet Ind. Co.,               2.73
 Toscelik Profil ve Sac)....................................
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Disclosure

    Commerce made no calculations as part of these final results. 
Consequently, there is no information to disclose to parties as a 
result of these final results of review.

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 administrative 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 the companies which were not selected for individual review, 
where a company's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), we will instruct CBP to assess 
antidumping duties for that company's entries of subject merchandise 
during the POR at an ad valorem rate equal to the weighted-average 
dumping margin determined for that company in the final results of this 
review. For a company where the weighted-average dumping margin is zero 
or de minimis, we will instruct CBP to liquidate that company's 
suspended entries of subject merchandise without regard to antidumping 
duties.
    Because we continue to find that the Erdemir Group had no shipments 
of subject merchandise during the POR, we will instruct CBP to 
liquidate suspended entries of subject merchandise attributed to the 
Erdemir Group at the all-others rate from the Amended Final 
Determination and Amended Order if there is no rate for the 
intermediate company(ies) involved in the transaction.\13\
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    \13\ For a full discussion of this practice, see Reseller 
Policy.
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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 company-
specific weighted-average dumping margin established in the final 
results of this review, except that 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 administrative 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 underlying LTFV investigation, but the producer is, then 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 be 2.73 percent, the all-others rate established in the 
Amended Final Determination and Amended Order. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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 of antidumping and/or countervailing 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 and/or countervailing 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 return or 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 19 CFR 351.221(b)(5).

    Dated: September 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-22052 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-DS-P