[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47058-47060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18057]



[[Page 47058]]

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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; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
hot-rolled steel flat products from the Republic of Turkey (Turkey) 
were sold at less than normal value during the period of review (POR), 
October 1, 2018, through September 30, 2019. In addition, Commerce 
determines that six exporters had no shipments during the POR.

DATES: Applicable August 23, 2021.

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

    On February 24, 2021, Commerce published the Preliminary Results of 
this review.\1\ We invited interested parties to comment on the 
Preliminary Results. On March 26, 2021, AK Steel Corporation (a 
petitioner in the underlying less-than-fair-value investigation \2\) 
and Cleveland-Cliffs Steel LLC (collectively, the domestic producers) 
filed a case brief.\3\ The domestic producers also filed a rebuttal 
brief on April 2, 2021.\4\ The sole mandatory respondent, Habas Sinai 
ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas), filed a case brief on 
March 26, 2021.\5\
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    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Turkey: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2018-2019, 86 
FR 11227 (February 24, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Preliminary Results PDM at 2.
    \3\ See Domestic Producers' Letter, ``Hot-Rolled Steel Flat 
Products from Turkey: Petitioners' Case Brief,'' dated March 26, 
2021.
    \4\ See Domestic Producers' Letter, ``Hot-Rolled Steel Flat 
Products from Turkey: Petitioners' Rebuttal Brief,'' dated April 2, 
2021.
    \5\ See Habas' Letter, ``Hot-Rolled Steel Flat Products from 
Turkey; Haba[scedil] Case Brief,'' dated March 26, 2021 (Habas Case 
Brief).
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    On June 17, 2021, and July 21, 2021, in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the time period for issuing these final results until August 
20, 2021.\6\
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    \6\ See Memorandum, ``Hot-Rolled Steel Flat Products from the 
Republic of Turkey: Antidumping Duty Administrative Review; 2018-
2019, Extension of Deadline for Final Results,'' dated June 17, 
2021; see also Memorandum, ``Hot-Rolled Steel Flat Products from the 
Republic of Turkey: Antidumping Duty Administrative Review; 2018-
2019, Extension of Deadline for Final Results,'' dated July 21, 
2021.
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    We initiated this review on thirteen companies,\7\ including 
Colakoglu Metalurji, A.S. and Colakoglu Dis Ticaret A.S. (collectively, 
Colakoglu), which we had collapsed as a single entity in the underlying 
less-than-fair-value investigation.\8\ Based on the final judgment of 
the U.S. Court of International Trade (CIT) in litigation associated 
with the underlying investigation, subject merchandise produced and 
exported by Colakoglu was excluded from the Order.\9\ Consequently, 
Commerce discontinued this review with respect to the subject 
merchandise produced and exported by Colakoglu, but not subject 
merchandise (1) produced by Colakoglu and exported by another company; 
or (2) produced by another company and exported by Colakoglu.\10\ 
Accordingly, these final results cover thirteen companies including 
Habas, six non-examined companies, including Colakoglu, and six no-
shipments companies.
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    \7\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 67712 (December 11, 2019).
    \8\ See 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 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) (Timken Notice); see also 
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).
    \10\ See Preliminary Results, 86 FR at 11228 (citing Timken 
Notice, 85 FR at 29400).
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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 this Order, 
see the Issues and Decision Memorandum.\11\
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    \11\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review of Certain 
Hot-Rolled Steel Flat Products from Republic of Turkey; 2018-2019,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that six exporters 
had no shipments of the subject merchandise during the POR: (1) Agir 
Haddecilik A.S. (Agir); (2) Eregli Demir ve Celik Fabrikalari T.A.S. 
and (3) Iskenderun Iron & Steel Works Ltd. (a/k/a/Iskenderun Demir ve 
Celik A.S.) (collectively, Erdemir Group); (4) Gazi Metal Mamulleri 
Sanayi ve Ticaret A.S.(Gazi); (5) Seametal Sanayi ve Dis Ticaret 
Limited Sirketi (Seametal) \12\; and (6) Tosyali Holding (Toscelik 
Profile and Sheet Ind. Co., Toscelik Profil ve Sac A.S.).
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    \12\ In Commerce's Initiation Notice, this company was referred 
to as Seametal San ve Dis Tic. The two names refer to the same 
company.
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    We received no comments that were contrary to our preliminary 
findings with respect to those companies. Therefore, we continue to 
find that those exporters made no shipments of subject merchandise 
during the POR. Accordingly, 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 these companies 
consistent with Commerce's reseller policy.\13\
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Analysis of the Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum, which is hereby adopted with this 
notice. A list of these issues is attached in an appendix to this 
notice. The Issues and 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 Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made two changes 
to the Preliminary Results. For a full discussion of these changes, see 
the Issues and Decision Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the

[[Page 47059]]

establishment of a rate to be applied to companies not selected for 
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 an 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} .''
    For these final results, we calculated a weighted-average dumping 
margin that is not zero, de minimis, or determined entirely on the 
basis of facts available for Habas, our sole mandatory respondent. 
Accordingly, we have determined the weighted-average dumping margin for 
the non-individually examined companies to be equal to the weighted-
average dumping margin calculated for Habas.

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period October 1, 2018, through September 30, 
2019:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
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Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.               24.32
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   Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Cag Celik Demir ve Celik............................               24.32
Colakoglu Metalurji, A.S./Colakoglu Dis Ticaret                    24.32
 A.S.\14\...........................................
Habas Industrial and Medical Gases Production                      24.32
 Industries Inc.....................................
MMK Atakas Metalurji................................               24.32
Ozkan Iron and Steel Ind............................               24.32
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Disclosure
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    \14\ This rate applies only for certain hot-rolled flat products 
produced in Turkey where Colakoglu acted as either the producer or 
exporter but not both.
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    We intend to disclose the calculations performed for these final 
results of review within five days of the publication date of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment of Antidumping Duties

    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 review.
    Consistent with its recent notice,\15\ 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 CIT, 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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    \15\ See Notice of Discontinuation 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 Habas, Commerce has calculated importer-specific antidumping 
duty assessment rates. We calculated importer-specific antidumping duty 
assessment rates by aggregating the total amount of dumping calculated 
for the examined sales of the importer and dividing these amounts by 
the total entered value associated with those sales. 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 non-examined companies, we will instruct CBP to assess 
antidumping duties at an ad valorem rate equal to each company's 
weighted-average dumping margin.
    For entries of subject merchandise during the POR produced by Habas 
where it did not know that its merchandise was destined for the United 
States, and for all entries attributed to the companies which we have 
found to have had no shipments during the POR, we will instruct CBP to 
liquidate such unreviewed entries pursuant to the reseller policy,\16\ 
i.e., the assessment rate for such entries will be equal to the all-
others rate established in the investigation (i.e., 2.73 percent),\17\ 
if there is no rate for the intermediate company(ies) involved in the 
transaction.
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    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \17\ See Timken Notice, 85 FR at 29400.
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Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties 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 ad valorem rate is de minimis, 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 company-specific 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 2.73 percent, the all-others rate 
established in the underlying investigation.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

[[Page 47060]]

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 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 duties occurred and the subsequent 
assessment of doubled 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 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 
351.221(b)(5).

    Dated: August 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Rate for Non-Examined Companies
VI. Changes Since the Preliminary Results
VII. Discussion of Issues
    Comment 1: Currency for Habas' Home Market Sale Prices
    Comment 2: Cost Adjustment for High Inflation
VIII. Recommendation

[FR Doc. 2021-18057 Filed 8-20-21; 8:45 am]
BILLING CODE 3510-DS-P