[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54926-54927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21654]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-825]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Preliminary Results and Rescission in Part of 
Countervailing Duty Administrative Review; 2019

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the countervailing duty (CVD) order on heavy 
walled rectangular welded carbon steel pipes and tubes (HWR pipes and 
tubes) from the Republic of Turkey (Turkey) for the period January 1, 
2019, through December 31, 2019. Commerce preliminarily determines that 
Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. (Ozdemir), the sole 
producer/exporter of HWR pipes and tubes from Turkey subject to this 
review, received de minimis countervailable subsidies. In addition, we 
are also rescinding this review with regard to eight companies for 
which the request for review was timely withdrawn by Nucor Tubular 
Products Inc. (the petitioner).

DATES: Applicable October 5, 2021.

FOR FURTHER INFORMATION CONTACT: Janae Martin or Jaron Moore, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0238 or (202) 
482-3640, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2020, Commerce received a timely request for an 
administrative review of several companies from the petitioner, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.213(b).\1\ Commerce received no other 
requests for administrative review of these companies. On October 30, 
2020, Commerce published a notice of initiation of an administrative 
review of the CVD order on HWR pipes and tubes from Turkey.\2\
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    \1\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated September 30, 2020.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (October 30, 2020).
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    On January 28, 2021, the petitioner timely withdrew its request for 
an administrative review with respect to the following eight companies: 
Agir Haddecilik A.S., Cag Celik Demir ve Celik Endustri A.S., Cinar 
Boru Profil San Ve Tic. A.S., Mescier Dis Ticaret Ltd. Sti., MTS 
Lojistik ve Tasimacilik Hizmetleri TIC A.C. Istanbul, Noksel Celik Boru 
Sanayi A, SEBA Dis Ticaret AS., and Tosyali Toyo Celik A.S.\3\ As a 
result, the only company for which the request for review was not 
withdrawn is Ozdemir.
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    \3\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated January 28, 2021.
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    On May 18, 2021, Commerce extended the deadline for the preliminary 
results to September 30, 2021.\4\
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    \4\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Turkey: Extension of 
Deadline for Preliminary Results of Countervailing Duty 
Administrative Review; 2019,'' dated May 18, 2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included 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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results: Administrative Review of the Countervailing Duty Order on 
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from 
the Republic of Turkey; 2019,'' 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 HWR pipes and tubes from 
Turkey. For a complete description of the scope of the order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a government financial contribution that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\6\ For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
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    \6\ 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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Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the publication date 
of the notice of initiation of the requested review. On October 30, 
2020, Commerce published the notice of initiation of the requested 
review in the Federal Register.\7\ The petitioner's withdrawal request 
was timely submitted,\8\ and no other interested party requested an 
administrative review of the eight companies named above. Therefore, in 
accordance with 19 CFR 351.213(d)(1), we are rescinding this 
administrative review of the CVD order on HWR pipes and tubes from 
Turkey, in part, with respect to the aforementioned eight companies.
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    \7\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (Oct. 30, 2020).
    \8\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated January 28, 2021.
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Preliminary Results of Review

    Commerce preliminarily determines that the following 
countervailable subsidy rate exists for Ozdemir for the period January 
1, 2019, through December 31, 2019:

[[Page 54927]]



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                                                           Subsidy rate
                        Company                             (percent)
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Ozdemir Boru Profil San. Ve Tic. Ltd. Sti..............         * 0.26
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* (de minimis).

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. If the assessment rate 
calculated in the final results is zero or de minimis, we will instruct 
CBP to liquidate all appropriate entries without regard to 
countervailing duties. 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).
    With respect to the companies for which this administrative review 
is rescinded (i.e., Agir Haddecilik A.S., Cag Celik Demir ve Celik 
Endustri A.S., Cinar Boru Profil San Ve Tic. A.S., Mescier Dis Ticaret 
Ltd. Sti., MTS Lojistik ve Tasimacilik Hizmetleri TIC A.C. Istanbul, 
Noksel Celik Boru Sanayi A, SEBA Dis Ticaret AS., and Tosyali Toyo 
Celik A.S.), 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, 2019, through 
December 31, 2019, in accordance with 19 CFR 351.212(c)(1)(i).

Cash Deposit Rate

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated for Ozdemir with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review, except, where the rate calculated in the final results is 
zero or de minimis, no cash deposit will be required. For all non-
reviewed firms, we will instruct CBP to 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 instructions, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results.\9\ Interested parties 
may submit written comments (case briefs) within 30 days of publication 
of the preliminary results and rebuttal comments (rebuttal briefs) 
within seven days after the time limit for filing case briefs.\10\ 
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.\11\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \11\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must do so within 30 days of publication of these 
preliminary results by submitting a written request to the Assistant 
Secretary for Enforcement and Compliance using Enforcement and 
Compliance's ACCESS system.\12\ Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce will 
inform parties of the scheduled date of the hearing which will be held 
at a time and date to be determined.\13\ Issues addressed during the 
hearing will be limited to those raised in the briefs.\14\ Parties 
should confirm the date and time of the hearing two days before the 
scheduled date.
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310.
    \14\ See 19 CFR 351.310(c).
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    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5 p.m. Eastern Time on the due date. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\15\
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    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, 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, within 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) and 19 CFR 351.213(h), unless this deadline is extended.

Notification to Interested Parties

    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: September 29, 2021.
Christian Marsh,
Acting 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. Subsidies Valuation Information
V. Benchmarks and Interest Rates
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2021-21654 Filed 10-4-21; 8:45 am]
BILLING CODE 3510-DS-P