[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Notices]
[Pages 7069-7071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01674]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-817]


Oil Country Tubular Goods From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review, 
Rescission in Part, and Intent To Rescind in Part; 2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain producers/exporters of oil country tubular goods (OCTG) 
from the Republic of Turkey (Turkey) received countervailable subsidies 
during the period of review (POR) January 1, 2018, through December 31, 
2018, that were de minimis. In addition, we are rescinding the review 
with respect to Cayirova Boru Sanayi ve Ticaret A.S. (Cayirova) and its 
affiliated trading company, Yucel Boru Ithalat-Ihracat ve Pazarlama 
A.S. Uic (Yucel) and announcing our preliminary intent to rescind this 
review with respect to five other companies. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable January 26, 2021.

FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-5075.

SUPPLEMENTARY INFORMATION: 

Background

    On November 12, 2019, Commerce published a notice of initiation of 
an administrative review for the

[[Page 7070]]

countervailing duty (CVD) order \1\ on OCTG from Turkey for the period 
January 1, 2018, through December 31, 2018.\2\ On April 24, 2020, 
Commerce exercised its discretion to toll all deadlines in 
administrative reviews by 50 days.\3\ On June 25, 2020, Commerce 
extended the deadline for the preliminary results by 120 days.\4\ On 
July 21, 2020, Commerce tolled all deadlines in preliminary and final 
results of administrative reviews by an additional 60 days,\5\ thereby 
extending the deadline for the preliminary results of this 
administrative review to January 19, 2021.
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    \1\ See Certain Oil Country Tubular Goods from India and the 
Republic of Turkey: Countervailing Duty Orders and Amended 
Affirmative Final Countervailing Duty Determination for India, 79 FR 
53688 (September 10, 2014) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011 (November 12, 2019).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19 Government,'' dated April 
24, 2020.
    \4\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Certain Oil Country Tubular Goods from 
the Republic of Turkey: Extension of Deadline for Preliminary 
Results,'' dated June 25, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum, 
which is hereby adopted by this notice.\6\ A list of topics discussed 
in the Preliminary Decision Memorandum is included as 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 http://access.trade.gov. 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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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of 2018 Countervailing Duty Administrative Review: Oil 
Country Tubular Goods from the Republic of Turkey,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is certain OCTG from Turkey. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\7\
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    \7\ See Preliminary Decision Memorandum at 4-5.
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Methodology

    We are conducting this administrative 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 countervailable, we 
preliminarily find that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\8\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \8\ 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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Partial Rescission of Administrative Review

    On October 23, 2019, Cayirova and its affiliated trading company, 
Yucel, notified Commerce that they had no sales, shipments, or entries 
of subject merchandise into the United States during the POR, and 
requested Commerce to rescind the reviews of these companies.\9\ In the 
respondent selection memorandum, we stated that this notification is 
consistent with CBP data and that Commerce will rescind the 
administrative review of Yucel and Cayirova.\10\ We received no 
comments with respect to our intent to rescind on these two companies. 
Because no evidence on the record contradicts these certifications, we 
are rescinding the review of the Order with respect to Yucel and 
Cayirova.
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    \9\ See Cayirova's and Yucel's Letter, ``OCTG from Turkey; Yucel 
No Shipment Letter,'' dated October 23, 2019.
    \10\ See Memorandum, ``Countervailing Duty Administrative Review 
of Oil Country Tubular Foods from the Republic of Turkey: Respondent 
Selection'', dated January 7, 2020.
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Intent To Rescind Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there 
are no reviewable entries of subject merchandise during the POR for 
which liquidation is suspended.\11\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\12\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct CBP to liquidate at the calculated countervailing duty 
assessment rate calculated for the review period.\13\
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    \11\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \12\ See 19 CFR 351.212(b)(2).
    \13\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, except for the mandatory 
respondent and its cross-owned companies, the companies subject to this 
review did not have reviewable entries of subject merchandise during 
the POR for which liquidation is suspended. Accordingly, in the absence 
of reviewable, suspended entries of subject merchandise during the POR, 
we are rescinding the review with respect to Yucel and Cayirova as 
explained above, and we intend to rescind this administrative review 
with respect to five additional companies, in accordance with 19 CFR 
351.213(d)(3).\14\
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    \14\ The five companies are: Bakir Grup Makine Imalat Bakim 
Montaj Demontaj Sanayi ve Ticaret Ltd. Sti.; Hydra Insaat Sanayi ve 
Ticaret Anonim Sirketi; Kalibre Boru Sanayi ve Ticaret; NETBORU San. 
ve Dis. Tic. Koll. Sti.; and Yilmaz Pipo.
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Preliminary Results of the Review

    We preliminarily determine the following net countervailable 
subsidy rate for the mandatory respondent, Borusan Mannesmann Boru 
Sanayi ve Ticaret A.S., for the period January 1, 2018, through 
December 31, 2018:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan           * 0.38
 Istikbal Ticaret, Borusan Lojistik Dag. Deg. Tas Ve,
 Borusan Mannesmann Boru Yatirim Holding A.[Scedil].,
 and Borusan Holding A.[Scedil].\15\....................
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* de minimis.


[[Page 7071]]

Assessment Rates
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    \15\ Commerce has determined that Borusan Mannesmann Boru Sanayi 
ve Ticaret A.S.; Borusan Istikbal Ticaret.; Borusan Lojistik Dag. 
Deg. Tas Ve; Borusan Mannesmann Boru Yatirim Holding A.[Scedil].; 
and Borusan Holding A.[Scedil]. are cross-owned. See Preliminary 
Decision Memorandum.
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    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. If Borusan continues to have a de minimis rate in the final 
results, Commerce intends to instruct CBP to liquidate shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2018 through December 31, 2018, 
without regard to countervailing duties. Consistent with its recent 
notice,\16\ Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
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    \16\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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    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, 2018 through December 31, 
2018, in accordance with 19 CFR 351.212(c)(1)(i).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties at the rate determined in the final results. If 
the rate calculated for Borusan in the final results remains de 
minimis, no cash deposit will be required on shipments of the subject 
merchandise entered or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. For 
all non-reviewed firms, CBP will continue to collect cash deposits 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 in this review the calculations 
performed in reaching the preliminary results within five days of 
publication of these preliminary results.\17\ Interested parties may 
submit written comments (case briefs) on the preliminary results no 
later than 30 days from the date of publication of this Federal 
Register notice, and rebuttal comments (rebuttal briefs) within seven 
days after the time limit for filing case briefs.\18\ Pursuant to 19 
CFR 351.309(d)(2), rebuttal briefs must be limited 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.\19\ All briefs must be 
filed electronically using ACCESS.
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    \17\ See 19 CFR 351.224(b).
    \18\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
    \19\ See 19 CFR 351.309(c)(2) and (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, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\20\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, parties will be notified of the 
date and time for the hearing to be determined.\21\
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    \20\ See 19 CFR 351.310(c).
    \21\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(1), unless this deadline is extended.

Notification to Interested Parties

    These preliminary results and notice 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: January 19, 2021.
Christian Marsh,
Deputy 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. Partial Rescission of Review
V. Intent to Rescind Administrative Review in Part
VI. Subsidies Valuation Information
VII. Benchmark Interest Rates and Discount Rates
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2021-01674 Filed 1-25-21; 8:45 am]
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