[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66654-66656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24025]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-826]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Turkey: Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the sole mandatory respondent, Habas Sinai ve Tibbi 
Gazlar Istihsal Endustrisi A.S. (Habas), a producer and exporter of 
certain hot-rolled steel flat products (hot-rolled steel) from the 
Republic of Turkey (Turkey), did not make sales of subject merchandise 
in the United States at prices below normal value during the period of 
review (POR) October 1, 2020, through September 30, 2021. We are also 
rescinding the review with respect to 13 companies because all requests 
for review for these companies have been withdrawn. We invite all 
interested parties to comment on these preliminary results.

DATES: Applicable November 4, 2022.

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

    Commerce is conducting an administrative review of the antidumping 
duty order on hot-rolled steel from Turkey,\1\ in accordance with 
section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). On 
November 29, 2021, in accordance with 19 CFR 351.221(c)(1)(i), as 
requested by the domestic producers and Habas,\2\ we initiated this 
administrative review of the Order covering 14 producers or exporters 
of the subject merchandise.\3\ On January 27, 2022, Commerce selected 
Habas as the sole mandatory respondent.\4\ On February 10, 2022, the 
domestic producers withdraw their request for review.\5\
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    \1\ See 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); see also 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).
    \2\ The domestic producers are Cleveland-Cliffs Inc., Steel 
Dynamics Inc., SSAB Enterprises, LLC, Nucor Corporation, and United 
States Steel Corporation (collectively, the domestic producers). See 
Domestic Producers' Letter, ``Request for Administrative Review,'' 
dated November 1, 2021; see also Habas' Letter, ``Request for 
administrative review,'' dated October 29, 2021.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 67685 (November 29, 2021).
    \4\ See Memorandum, ``Respondent Selection Memorandum,'' dated 
January 27, 2022.
    \5\ See Domestic Producers' Letter, ``Withdrawal of Request for 
Administrative Review,'' dated February 10, 2022.
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    On June 9, 2022, we extended the time limit for issuing these 
preliminary results until October 28, 2022.\6\ For a detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\7\
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    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated June 9, 2022.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Recission of the Antidumping Duty Administrative 
Review of Certain Hot-Rolled Steel Flat Products from the Republic 
of Turkey; 2020-2021,'' 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 certain hot-rolled steel 
flat products. For a complete description of the scope of the Order, 
see the Preliminary Decision Memorandum.\8\
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    \8\ Id.; see also Order.
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Partial Rescission of Administrative Review

    Commerce initiated this review for 14 companies. Pursuant to 19 CFR 
351.213(d)(1), Commerce will rescind an administrative review, in whole 
or in part, if the party that requested the review withdraws its 
request within 90 days of the publication of the Initiation Notice. 
Because all requests for the administrative review of the 13 companies 
listed in Appendix II were timely withdrawn, Commerce is rescinding 
this review, in part, with respect to these companies, in accordance 
with 19 CFR 351.213(d)(1).

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export prices are calculated in accordance with 
section 772 of the Act and normal value is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is attached at Appendix I 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margins for the period October 1, 2020, through September 30, 2021:

[[Page 66655]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S........        0.00
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\9\ The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable.\10\ 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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    \9\ See 19 CFR 351.212(b).
    \10\ See section 751(a)(2)(C) of the Act.
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    Pursuant to 19 CFR 351.212(b)(1), if Habas' weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 percent) 
in the final results of this review, we will calculate an importer-
specific ad valorem duty assessment rate based on the ratio of the 
total amount of dumping calculated for the U.S. sales for a given 
importer to the total entered value of those sales. If, in the final 
results, either Habas' 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 entries of subject merchandise during the POR produced by Habas 
for which it did not know that its merchandise was destined for the 
United States, we will instruct CBP to liquidate such unreviewed 
entries pursuant to the reseller policy,\11\ 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),\12\ if there is no rate for the 
intermediate company(ies) involved in the transaction.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \12\ See Timken Notice.
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    For the companies for which we have rescinded this review, Commerce 
intends to instruct CBP to assess antidumping duties on all appropriate 
entries at a rate equal to the cash deposit rate of estimated 
antidumping 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

    The following deposit requirements 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 Habas will be 
equal to its weighted-average dumping margin established in the final 
results of this review (except if the ad valorem rate is de minimis 
within the meaning of 19 CFR 351.106(c)(1), 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 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.\13\
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    \13\ See Timken Notice.
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice in accordance 
with 19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\14\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the time limit for filing case briefs.\15\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) a statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\16\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS and must be served on interested parties.\17\
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    \14\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \15\ See 19 CFR 351.309(d)(1).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ See 19 CFR 351.303.
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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. Hearing requests should contain: (1) the party's name, address, 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined.\18\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date. An 
electronically-filed document must be received successfully in its 
entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date 
of publication of this notice.\19\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\20\
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
    \20\ See 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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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in all 
written briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless otherwise 
extended.\21\
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    \21\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review

[[Page 66656]]

period. Failure to comply with this requirement could result in 
Commerce's presumption that reimbursement of antidumping and/or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: October 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Recission of the Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

Companies Rescinded From Review

1. Agir Haddecilik A.S.
2. Cag Celik Demir ve Celik.
3. Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji, A.S.
4. Eregli Demir ve Celik Fabrikalari T.A.S.
5. Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.
6. Habas Industrial and Medical Gases Production Industries Inc.
7. Iskenderun Iron & Steel Works Co. (a/k/a/Iskenderun Demir ve 
Celik A.S.)
8. Kayseri Metal Center San. ve Tic. A.S.
9. Kibar Group (Kibar Dis Ticaret A.S.)
10. MMK Atakas Metalurji
11. Ozkan Iron and Steel Ind.
12. Seametal Sanayi ve Dis Ticaret Limited Sirketi
13. Tosyali Holding (Toscelik Profile and Sheet Ind. Co., Toscelik 
Profil ve Sac A.S.)

[FR Doc. 2022-24025 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-DS-P