Notice2024-23382
Oil Country Tubular Goods From the Republic of Turkey: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
Primary source
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Published
October 9, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain oil country tubular goods (OCTG) from the Republic of T[uuml]rkiye (T[uuml]rkiye) during the period of review (POR) from January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding this review, in part, with respect to 10 companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 196 (Wednesday, October 9, 2024)</title>
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[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81884-81886]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23382]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-817]
Oil Country Tubular Goods From the Republic of Turkey:
Preliminary Results and Partial Rescission 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 certain oil country tubular goods (OCTG) from the
Republic of T[uuml]rkiye (T[uuml]rkiye) during the period of review
(POR) from January 1, 2022, through December 31, 2022. In addition,
Commerce is rescinding this review, in part, with respect to 10
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable October 9, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:(202) 482-1395.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2014, Commerce published in the Federal Register the
countervailing duty (CVD) order on OCTG from T[uuml]rkiye.\1\ On
November 15, 2023, Commerce published in the Federal Register the
notice of initiation of an administrative review of the Order.\2\ On
December 18, 2024, Commerce selected Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (Borusan) and Cayirova Boru Sanayi ve Ticaret A.S.
(Cayirova) for individual examination as the mandatory respondents in
this administrative review.\3\ On May 21, 2024, we extended the
deadline for the preliminary results of this administrative review
until September 27, 2024.\4\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\5\ The
deadline for the preliminary results is now October 4, 2024.
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\1\ See Certain Oil Country Tubular Goods from India and the
Republic of Turkey: Countervailing Duty Orders and Amended
Affirmative Final Countervailing Duty Determination for India, 79 FR
53688 (September 10, 2014) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298 (November 15, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Companies to be Reviewed,'' dated December
18, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated May
21, 2024.
\5\ See Memorandum, ``Tolling of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated July
22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included in the 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review on Certain
Oil Country Tubular Goods; 2022,'' 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 OCTG. 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 section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily find that there is a subsidy (i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific).\7\ For a full description of the
methodology underlying our conclusions, see the Preliminary
Determination Memorandum.
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\7\ 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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Partial Rescission of Administrative Review
Commerce may rescind an administrative review of a CVD order when
no reviewable entries of subject merchandise exist during the POR for
which liquidation is suspended, pursuant to 19 CFR 351.213(d)(3).\8\
Normally, upon completion of an administrative review, suspended
entries are liquidated at the CVD assessment rate calculated for the
review period.\9\ Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the CVD assessment rate calculated for
the POR.\10\
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\8\ 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).
\9\ See 19 CFR 351.212(b)(2).
\10\ See 19 CFR 351.213(d)(3).
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Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we determine that 10 companies had no entries of subject
merchandise during the POR. On September 24, 2024, we notified
interested parties of our intent to rescind the administrative review
with respect to 10 companies because there are no reviewable
entries.\11\ No parties commented on the notification of intent to
rescind, in part. Pursuant to 19 CFR 351.213(d)(3), we are rescinding
the administrative review of these companies. For a list of these
companies with no reviewable suspended entries of subject merchandise,
see Appendix II.
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\11\ See Memorandum, ``Intent to Rescind review, in Part,''
dated September 24, 2024.
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Preliminary Results of Review
We preliminarily find that the following net countervailable
subsidy rates exist for the period January 1, 2022, through December
31, 2022: \12\
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\12\ We preliminarily cumulated any subsidy benefits received by
Y[uuml]celboru Ihracat Ithalat ve Pazarlama A.[Scedil]. with those
received by Cayirova, pursuant to 19 CFR 351.525(c). See Preliminary
Decision Memorandum at 5-6.
[[Page 81885]]
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Subsidy rate
Company (percent ad
valorem)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S........... 1.01
Cayirova Boru Sanayi ve Ticaret A.S..................... 1.55
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Disclosure and Public Comment
Commerce intends to disclose the calculations and analysis
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 accordance with 19 CFR 351.224(b).\13\
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\13\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce 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 no later than seven days after
the date 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 table of contents listing each issue; and (2) a table
of authorities.\16\
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\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ 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 Final Rule).
\16\ See 19 351.309(c)(2) and (d)(2).
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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.\17\ 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).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\19\ Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. If a request for a hearing is made, we will inform parties
of the scheduled date and time of the hearing.
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\19\ See 19 CFR 351.310(c).
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily assigned subsidy rates in the
amounts shown above for the producers/exporters shown above. Consistent
with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce shall determine, and CBP shall
assess, countervailing duties on all appropriate entries covered by
this review.
For the companies for which this review is rescinded with these
preliminary results, we 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). For the companies remaining in the review, we intend
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).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends upon publication of the final results, to instruct U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties in the amounts calculated in the final results of
this review for the respective 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. If the rate calculated in the final results is
zero or de minimis, no cash deposit will be required on shipments of
the 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.
Final Results
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of the date of
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).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: October 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Rescission of Administrative Review, in Part
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
Appendix II
Companies for Which the Review Is Being Rescinded
1. Bakir Grup Makine Imalat Bakim Montaj Demontaj Sanayi ve Ticaret
Ltd. Sti.
[[Page 81886]]
2. Hatboru San ve Tic A.S.
3. Hydra Insaat Sanayi ve Ticaret Anonim Sirketi
4. Kalibre Boru Sanayi ve Ticaret
5. KALTEK Machinery & Trading Ltd. Co.
6. Milfit Boru ve Baglanti Elemenlari Sanayi ve Tic. A.S.
7. NETBORU San. Ve Dis. Tic. Koll. Sti.
8.Organize Sanayi Bolgesi
9.Umran Celik Boru Sanayi A.S.
10. Yilmaz Pipo
[FR Doc. 2024-23382 Filed 10-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 9, 2024.
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