[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24842-24843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09840]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-817]


Oil Country Tubular Goods From the Republic of Turkey: Final 
Results and Partial Rescission of Countervailing Duty Administrative 
Review; 2018

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

SUMMARY: The Department of Commerce (Commerce) determines that Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), exporter/producer of 
oil country tubular goods (OCTG) from the Republic of Turkey (Turkey), 
received de minimis net countervailable subsidies during the period of 
review (POR), January 1, 2018, through December 31, 2018. Commerce is 
also rescinding this review with respect to five non-selected companies 
for which the customs data show no reviewable entries during the POR.

DATES: Applicable May 10, 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.

SUPPLEMENTAL INFORMATION:

Background

    On January 26, 2021, Commerce published the Preliminary Results of 
this administrative review.\1\ We invited parties to comment on the 
Preliminary Results. No interested party submitted comments. Borusan 
requested to participate in a hearing with Commerce, but because no 
party submitted comments, Commerce did not hold a hearing.\2\ Commerce 
conducted this

[[Page 24843]]

review in accordance with section 751(a)(1)(A) of the Tariff Act of 
1930, as amended (the Act).
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    \1\ See 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, 86 FR 7069 
(January 26, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Borusan's Letter, ``Oil Country Tubular Goods from 
Turkey, Case No. C-489-817; BMB's Request to Participate in 
Hearing,'' dated February 25, 2021; see also 19 CFR 351.310 (c) 
(``At the hearing, an interested party may make an affirmative 
presentation only on arguments included in that party's case brief 
and may make a rebuttal presentation only on arguments included in 
that party's rebuttal brief'').
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Scope of the Order 3
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    \3\ 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).
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    The merchandise covered by the Order is certain OCTG from Turkey. 
For a complete description of the scope, see the Preliminary Decision 
Memorandum accompanying the Preliminary Results.\4\
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    \4\ See Preliminary Results PDM.
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Changes Since the Preliminary Results

    As no party submitted comments on the Preliminary Results, we made 
no changes in the final results of this review.

Partial Rescission of Administrative Review

    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.\5\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\6\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the calculated countervailing duty assessment rate calculated for the 
review period.\7\
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    \5\ 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).
    \6\ See 19 CFR 351.212(b)(2).
    \7\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, the five non-selected companies 
subject to this review, did not have reviewable entries of subject 
merchandise during the POR for which liquidation is suspended.\8\ 
Because there is no evidence on the record of this segment of the 
proceeding to indicate that these companies had entries, exports, or 
sales of subject merchandise to the United States during the POR, we 
are rescinding the administrative review with respect to these 
companies consistent with 19 CFR 351.213(d)(3).
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    \8\ These 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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Final Results of the Administrative Review

    In accordance with section 777A(e)(1) of the Act and 19 CFR 
351.221(b)(5), we determine the following net countervailable subsidy 
rate for Borusan, for the period January 1, 2018, through December 31, 
2018:

 
------------------------------------------------------------------------
                                              Subsidy rate (percent ad
                  Company                             valorem)
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Borusan Mannesmann Boru Sanayi ve Ticaret   0.38 (de minimis)
 A.S., Borusan Istikbal Ticaret, Borusan
 Lojistik Dag. Deg. Tas Ve, Borusan
 Mannesmann Boru Yatirim Holding
 A.[Scedil]., and Borusan Holding
 A.[Scedil].\9\.
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Assessment Rates
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    \9\ 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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    Commerce shall determine, and CBP shall assess, countervailing 
duties on all appropriate entries covered by this review, pursuant to 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2). Because we 
calculated a de minimis countervailable subsidy rate for Borusan in the 
final results of this review, we intend to instruct CBP to liquidate 
the appropriate entries without regard to countervailing duties in 
accordance with 19 CFR 351.212(b)(2) and 19 CFR 351.106(c)(1).
    With respect to the companies for which this administrative review 
is rescinded (i.e., 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), countervailing duties shall be assessed 
at rates equal to the cash deposit rate 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).
    Commerce intends to issue appropriate assessment instructions to 
CBP no earlier than 35 days after the date of this 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).

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties at the appropriate rates. For shipments of subject merchandise 
by Borusan entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of these final results, the cash deposit 
rate will be zero. For all non-reviewed firms, CBP will continue to 
collect cash deposits of estimated countervailing duties 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.

Administrative Protective Order

    This notice 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return or destruction of APO materials 
or conversion to judicial protective order is hereby requested. Failure 
to comply with the regulations and the terms of an APO is sanctionable 
violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: May 4, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-09840 Filed 5-7-21; 8:45 am]
BILLING CODE 3510-DS-P