Notice2021-25932
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
Primary source
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Published
November 29, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 226 (Monday, November 29, 2021)</title>
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[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67681-67683]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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:
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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.).....................................
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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
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</html>Indexed from Federal Register on November 29, 2021.
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