[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67681-67683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25932]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Circular Welded Carbon Steel Pipes and Tubes From the Republic of 
Turkey: Final Results and Rescission, in Part, of Countervailing Duty 
Administrative Review; Calendar Year 2019

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

SUMMARY: The Department of Commerce (Commerce) determines that 
exporters/producers of circular welded carbon steel pipes and tubes 
from the Republic of Turkey (Turkey) received countervailable subsidies 
during the period of review (POR), January 1, 2019, through December 
31, 2019.

DATES: Applicable November 29, 2021.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8362.

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 2021, Commerce published the preliminary results of this 
administrative review.\1\ On September 23, 2021, Commerce extended the 
deadline for the final results to November 30, 2021.\2\ For a summary 
of events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\3\
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    \1\ See Circular Welded Carbon Steel Pipes and Tubes from the 
Republic of Turkey: Preliminary Results of Countervailing Duty 
Administrative Review and Intent To Rescind the Review, in Part; 
Calendar Year 2019, 86 FR 29754 (June 3, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Circular Welded Carbon Steel Pipes and 
Tubes from Turkey: Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated September 23, 
2021.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Countervailing Duty Administrative Review: Circular 
Welded Carbon Steel Pipes and Tubes from the Republic of Turkey; 
2019,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).

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[[Page 67682]]

Scope of the Order

    The merchandise covered by the order is circular welded carbon 
steel pipes and tubes from Turkey. For a complete description of the 
scope of the order, see the accompanying Issues and Decision 
Memorandum.\4\
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    \4\ See Issues and Decision Memorandum at 2.
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Rescission of Administrative Review, in Part

    As noted in the Preliminary Results, based on timely-filed 
certifications and the results of our query of Custom and Border 
Protection's (CBP) trade database, as well as the responses received 
from CBP to our no-shipment inquiries, we indicated our intent to 
rescind the administrative review with regard to Toscelik Profil ve Sac 
Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik Metal Ticaret 
A.S. (collectively, the Tos[ccedil]elik Companies); Cayirova Boru 
Sanayi ve Ticaret A.S., Yucel Boru ve Profil Endustrisi A.S., and 
Yucelboru Ihracat Ithalat ve Pazarlama A.S. (collectively, the Yucel 
Companies); Cinar Boru Profil Sanayi ve Ticaret Anonim Sirketi (Cinar 
Boru); Borusan Birlesik Boru Fabrikalari San ve Tic. (Borusan 
Fabrikalari); Borusan Gemlik Boru Tesisleri A.S. (Borusan Gemlik); 
Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan Dagitim); Tubeco Pipe 
and Steel Corporation (Tubeco); and Borusan Lojistik Dagitim Depolama 
Tasimacilik ve Ticaret A.S. (Borusan Lojistik), in accordance with 19 
CFR 351.213(d)(3).\5\ As the facts in this regard are unchanged since 
the Preliminary Results, we are rescinding the administrative review of 
the Toscelik Companies, the Yucel Companies, Cinar Boru, Borusan 
Fabrikalari, Borusan Gemlik, Borusan Dagitim, Tubeco, and Borusan 
Lojistik pursuant to 19 CFR 351.213(d)(3). For further information, see 
the Issues and Decision Memorandum.
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    \5\ See Preliminary Results, 86 FR at 29755, and accompanying 
PDM at 8-9.
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    Additionally, subsequent to the Preliminary Results, Commerce 
issued a supplemental questionnaire \6\ to the Borusan Companies 
inquiring about whether ``Borusan Mannesmann'' and ``Borusan Mannesmann 
Pipe US, Inc.,'' two companies for which a review was initiated and 
included in the Preliminary Results, are U.S. companies. In the Borusan 
Companies' response,\7\ they stated that ``Borusan Mannesmann'' is not 
a legal entity, and that the full name of the company is Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S., one of the mandatory 
respondents. Further, they stated that Borusan Mannesmann Pipe US, Inc. 
is a U.S.-based firm producing oil country tubular goods and line pipe 
and is not an exporter or producer of subject merchandise. Thus, 
because ``Borusan Mannesmann'' is not a legal entity, and because 
Borusan Mannesmann Pipe US, Inc. is a U.S.-based firm that is not a 
producer or exporter of the subject merchandise, we are rescinding the 
review with respect to these companies pursuant to 19 CFR 
351.213(d)(3).
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    \6\ See Commerce's Letter, ``Post- Preliminary Supplemental 
Questionnaire for Borusan Group, Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S. (BMB), and Borusan Istikbal Ticaret T.A.S. 
(Istikbal),'' dated June 15, 2021.
    \7\ See Borusan Companies' Letter, ``BMB's Post-Preliminary 
Supplemental Questionnaire Response,'' dated June 22, 2021.
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Analysis of Comments Received

    All issues raised in interested parties' case briefs are addressed 
in the Issues and Decision Memorandum. The issues are identified in the 
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 https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received, we made no changes to the net 
subsidy rates calculated for the Borusan Companies.

Methodology

    Commerce conducted this 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 during the POR, we 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that confers a benefit to the recipient, and 
that the subsidy is specific.\8\ For a complete description of the 
methodology underlying all of Commerce's conclusions, see the Issues 
and 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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Final Results of the Review

    In accordance with section 751(a)(1)(A) of the Act and 19 CFR 
351.221(b)(4), for the period January 1, 2019, through December 31, 
2019, we determine the net subsidy rates for the producers/exporters 
under review to be as follows:

------------------------------------------------------------------------
                                                        Net subsidy rate
                        Company                             (percent)
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Borusan Holding A.S., Borusan Mannesmann Boru Yatirim               0.83
 Holding, Borusan Mannesmann Boru Sanayi ve Ticaret
 A.S., and Borusan Istikbal Ticaret T.A.S.
 (collectively, the Borusan Companies)................
Borusan Ithicat ve Dagitim A.S........................              0.83
Cagil Makina Sanayi ve Ticaret A.S....................              0.83
Cimtas Boru Imalatlari ve Ticaret Sirketi.............              0.83
Eksen Makina..........................................              0.83
Erbosan Erciyas Boru Sanayi ve Ticaret A.S............              0.83
Guner Eksport.........................................              0.83
Guven Celik Boru San. Ve Tic. Ltd. (also known as                   0.83
 Guven Steel Pipe)....................................
HDM Celik Boru Sanayi ve Ticaret Ltd. Sti.............              0.83
Kale Baglanti Teknolojileri San ve Tic. A.S...........              0.83
Kalibre Boru Sanayi ve Ticaret A.S....................              0.83
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S.                     0.83
 Istanbul.............................................
Net Boru Sanayi ve Dis Ticaret Koll. Sti..............              0.83
Noksel Celik Boru Sanayi A.S..........................              0.83
Perfektup Ambalaj San. ve Tic. A.S....................              0.83
Schenker Arkas Nakliyat ve Ticaret A.S................              0.83
Umran Celik Boru Sanayii A.S. (also known as Umran                  0.83
 Steel Pipe Inc.).....................................

[[Page 67683]]

 
Vespro Muhendislik Mimarlik Danismanlik Sanayi ve                   0.83
 Ticaret A.S..........................................
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Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and CBP 
shall assess, countervailing duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review, for the above-listed companies at the applicable ad valorem 
assessment rates listed. We intend to issue assessment instructions to 
CBP 35 days after the date of publication of these final results of 
review. 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).
    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 POR 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 in the amounts shown for each of the companies 
listed above on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review. For all nonreviewed 
firms subject to the order, 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 requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the disposition 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 the 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 a sanctionable 
violation.
    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Non-Shipment Claims and Recission, in Part
VI. Non-Selected Rate
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether the Policy Loans from State-Owned Banks to 
the Steel Industry Program Exists and is Countervailable
X. Recommendation

[FR Doc. 2021-25932 Filed 11-26-21; 8:45 am]
BILLING CODE 3510-DS-P