[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48379-48381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12439]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-834]
Large Diameter Welded Pipe From the Republic of T[uuml]rkiye:
Preliminary Results and Rescission, in Part, of Countervailing Duty
Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of large diameter welded pipe (welded pipe) from the
Republic of T[uuml]rkiye (T[uuml]rkiye) during the period of review
(POR) January 1, 2022, through December 31, 2022. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable June 6, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published in the Federal Register a
countervailing duty (CVD) order on welded pipe from T[uuml]rkiye.\1\ On
May 2, 2023, Commerce published the notice of the opportunity to
request a review of the Order.\2\ On July 12, 2023, Commerce published
the notice of the initiation of this administrative review in the
Federal Register.\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is provided in Appendix I to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
[[Page 48380]]
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.
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\1\ Large Diameter Welded Pipe from the Republic of
T[uuml]rkiye: Countervailing Duty Orders, 84 FR 18771 (May 2, 2019)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Large
Diameter Welded Pipe from the Republic of T[uuml]rkiye; 2022,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is welded pipe from T[uuml]rkiye.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(A) of Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, Commerce preliminarily
determines that there is a subsidy, i.e., a financial contribution by
an ``authority'' that gives rise to a benefit to the recipient, and
that the subsidy is specific.\5\
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\5\ 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)(3), Commerce's practice is to rescind
an administrative review of a CVD order when it concludes that there
are no suspended entries of subject merchandise during the POR.\6\
Normally, upon completion of an administrative review, the suspended
entries are liquidated at the CVD assessment rate calculated for the
review period.\7\ 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 CVD assessment rate calculated for the POR.\8\
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\6\ 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).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, the 10 companies listed in
Appendix II had no entries of subject merchandise during the POR.\9\
Therefore, we notified parties that we intend to rescind this
administrative review with respect to these 10 companies and provided
parties an opportunity to submit comments, including factual
information to demonstrate whether there were reviewable entries during
the POR for these companies.\10\ We received no comments. Therefore, in
the absence of suspended entries of subject merchandise during the POR,
in accordance with 19 CFR 351.213(d)(3), we are rescinding the
administrative review with respect to the companies listed in Appendix
II.
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\9\ See Memorandum, ``U.S. Customs and Border Protection Data
Query,'' dated July 14, 2023.
\10\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated August 28, 2023.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2022, through December 31, 2022:
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\11\ Commerce initiated this review on both HDM and HDM Spiral
Kaynakli Celik Boru A.S. (HDM Spiral). See Initiation Notice, 88 FR
at 44273. However, in the LTFV investigation, we found that HDM
acquired HDM Spiral on October 31, 2017, and HDM Spiral ceased to
exist. See Large Diameter Welded Pipe from the Republic of Turkey:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 83 FR 43646, 43647 (August 27,
2018), unchanged in Large Diameter Welded Pipe from the Republic of
Turkey: Final Determination of Sales at Less Than Fair Value, 84 FR
6362 (February 27, 2019).
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Subsidy rate
Company (percent ad
valorem)
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[Ccedil]imta[scedil] Boru Imalatari Ticaret Ltd......... 2.18
HDM [Ccedil]elik Boru Sanayi Ve Ticaret A.S.\11\........ 6.31
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Disclosure and Public Comment
Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs. Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\12\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
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\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. 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 those raised in the respective case briefs. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date for the hearing.
Final Results of Administrative Review
Unless 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 its analysis of the issues raised by
parties in their comments, within 120 days after the date of
publication of these preliminary results.
[[Page 48381]]
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
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).
For the companies listed in Appendix II for which we are rescinding
this administrative review, 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 period
January 1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
shown for the companies listed above 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. For all non-reviewed firms, CBP will continue to collect
cash deposits of estimated countervailing duties at the all-others rate
or the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy 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. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
Appendix II--Companies for Which the Review Is Rescinded
1. Cagil Makina San ve Tic A.S.
2. Emek Boru Makina Sanayi ve Ticaret A.S.
3. Erciyas Celik Boru Sanayi A.S.
4. Mazlum Mangtay Boru Son. Ins. Tar.Urn.San.ve Tic. A.S.
5. Noksel Celik Boru Sanayi A.S.
6. Ozbal Celik Boru San. Tic. Ve TAAH A.S.
7. Spirally Welded Steel Pipe Inc.
8. Toscelik Profil ve Sac End. A.S.
9. Toscelik Spiral Boru Uretim A.S
10. Umran Celik Boru Sanayii A.S.
[FR Doc. 2024-12439 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P