Notice2021-18057
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
Primary source
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Published
August 23, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47058-47060]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
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:
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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:
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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
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</html>Indexed from Federal Register on August 23, 2021.
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