6866 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices 

2See TG Tools’ Letter, ‘‘Administrative Review of 

the Antidumping Duty Order on Carbon and Alloy 

Steel Cut-to-Length Plate from the People’s 

Republic of China: Case Brief,’’ dated June 22, 2020. 

3See Petitioner’s Letter, ‘‘Carbon and Alloy Steel 

Cut-To-Length Plate from the People’s Republic of 

China: Petitioner’s Rebuttal Brief,’’ dated July 1, 

2020. 

4See Memorandum, ‘‘Decision Memorandum for 

the Final Results of the Antidumping Duty 

Administrative Review of Certain Carbon and Alloy 

Steel Cut-To-Length Plate from the People’s 

Republic of China; 2018–2019,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

5See Certain Carbon and Alloy Steel Cut-ToLength Plate from the People’s Republic of China: 

Final Affirmative Determination of Sales at Less 

Than Fair Value, 82 FR 8510 (January 26, 2017). 

6See Notice of Discontinuation of Policy to Issue 

Liquidation Instructions After 15 Days in 

Applicable Antidumping and Countervailing Duty 

Administrative Proceedings, 86 FR 3995 (January 

15, 2021). 

brief from TG Tools.2 On July 1, 2020, 

we received a rebuttal brief from 

ArcelorMittal USA LLC (the 

petitioner).3

Scope of the Order 

The merchandise subject to this order 

is certain carbon and alloy steel hotrolled or forged flat plate products not 

in coils, whether or not painted, 

varnished, or coated with plastics or 

other non-metallic substances (cut-tolength plate). For a full description of 

the scope, see the Issues and Decision 

Memorandum.4

Analysis of Comments Received 

All issues raised in case briefs are 

listed in the appendix to this notice and 

are addressed in the Issues and Decision 

Memorandum. The Issues and Decision 

Memorandum is a public document and 

is made available to the public 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 Issues and Decision 

Memorandum is available at http://

enforcement.trade.gov/frn/. 

Bona Fides Analysis 

In the Preliminary Results, we found 

that TG Tools did not have a bona fide 

sale of CTL plate during the POR. After 

analyzing comments from interested 

parties, we continue to find that TG 

Tools did not have a bona fide sale of 

CTL plate during the POR. We reached 

this conclusion based on multiple 

factors, including: (1) The low quantity 

and high price of the sale; (2) atypical 

timing of the sale; (3) the excessive 

profit made by TG Tools’ importer on 

the resale; and (4) other considerations, 

such as the fact that TG Tools made 

only a single sale of subject 

merchandise during the POR, which 

was a trial sale of a specialty product, 

and TG Tools’ importer had not 

previously purchased the subject 

merchandise and made no subsequent 

purchases of the specialty product or 

any other subject merchandise. Our 

analysis led us to conclude that TG 

Tools’ single POR sale is not 

representative of TG Tools’ typical 

selling practices for subject 

merchandise. 

Because we have determined that TG 

Tools had no bona fide sales during the 

POR, we are rescinding this 

administrative review. 

Assessment Rate 

Because Commerce is rescinding this 

administrative review, we have not 

calculated a company-specific dumping 

margin for TG Tools. TG Tools remains 

part of the China-wide entity and the 

entry of its subject merchandise during 

the POR will be assessed antidumping 

duties at the China-wide entity rate. The 

China-wide entity rate is 68.27 percent.5

Consistent with its recent notice,6

Commerce intends to issue assessment 

instructions to CBP no earlier than 35 

days after the date of publication of this 

rescission notice 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 

As noted above, Commerce is 

rescinding this administrative review. 

Thus, we have not calculated a 

company-specific dumping margin for 

TG Tools. Therefore, entries of TG 

Tools’ subject merchandise continue to 

be subject to the China-wide entity cash 

deposit rate of 68.27 percent. This cash 

deposit requirement shall remain in 

effect until further notice. 

Administrative Protective Order 

This notice also serves as a final 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return or destruction 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 terms of an APO is a 

violation which is subject to sanction. 

Notification to Importers 

This notice also 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 the POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties has occurred and 

the subsequent assessment of double 

antidumping duties. 

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 Tariff Act 

of 1930, as amended, and 19 CFR 

351.213(h)(1) and 19 CFR 351.221(b)(5). 

Dated: January 19, 2021. 

Jeffrey I. Kessler, 

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. Discussion of the Issues 

Comment 1: Whether Commerce Has Legal 

Authority to Apply Bona Fides Sales 

Analysis in Administrative Reviews 

Comment 2: Whether Record Evidence 

Supports Finding that TG Tools’ U.S. 

Sale was not Bona Fide 

Comment 3: Whether Commerce Should 

Apply AFA for Importer’s Failure to 

Provide Requested Information 

Comment 4: Surrogate Country and 

Surrogate Values Selection 

V. Recommendation 

[FR Doc. 2021–01529 Filed 1–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–489–502] 

Circular Welded Carbon Steel Pipes 

and Tubes From the Republic of 

Turkey: Final Results of Countervailing 

Duty Administrative Review; Calendar 

Year 2018 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that Borusan 

Holding A.S., Borusan Mannesmann 

Yatirim Holding, Borusan Mannesmann 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices 6867 

1See Circular Welded Carbon Steel Pipes and 

Tubes From the Republic of Turkey: Preliminary 

Results of Countervailing Duty Administrative 

Review and Partial Rescission; Calendar Year 2018, 

85 FR 18917 (April 3, 2020) (Preliminary Results), 

and accompanying Preliminary Decision 

Memorandum. 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews in Response to Operational 

Adjustments due to COVID–19,’’ dated April 24, 

2020. 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews,’’ dated July 21, 2020. 

4See Memorandum, ‘‘Circular Welded Carbon 

Steel Pipes and Tubes from Turkey: Extension of 

Deadline for Final Results of Countervailing Duty 

Administrative Review,’’ dated October 28, 2020. 5See 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; 2018,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

6See 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. 

7See, e.g., Certain Pasta from Italy: Final Results 

of the 13th (2008) Countervailing Duty 

Administrative Review, 75 FR 37386, 37387 (June 

29, 2010). 

8See Circular Welded Carbon Steel Pipes and 

Tubes from the Republic of Turkey: Final Results 

of Countervailing Duty Administrative Review and 

Rescission of Countervailing Duty Administrative 

Review, in Part; Calendar Year 2017, 84 FR 56173, 

56175 (October 21, 2019) (Pipe and Tube from 

Turkey 2017) and accompanying IDM at 5–6. 

Boru Sanayi ve Ticaret A.S., and 

Borusan Istikbal Ticaret T.A.S. 

(collectively, the Borusan Companies) 

received a de minimis net subsidy rate 

and that the exporters/producers of 

circular welded carbon steel pipes and 

tubes from the Republic of Turkey 

(Turkey) not selected for individual 

review received countervailable 

subsidies that are above de minimis 

during the period of review (POR), 

January 1, 2018 through December 31, 

2018. 

DATES: Applicable January 25, 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 April 3, 2020, Commerce 

published the preliminary results of this 

administrative review.1 On April 24, 

2020, Commerce tolled all deadlines in 

administrative reviews by 50 days.2 On 

July 21, 2020, Commerce tolled all 

deadlines in administrative reviews by 

60 days.3 On October 28, 2020, 

Commerce extended the deadline for the 

final results to January 15, 2021.4 For a 

summary of events that occurred since 

the Preliminary Results, see the Issues 

and Decision Memorandum.5

Scope of the Order 

The merchandise covered by the 

countervailing duty 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. 

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 https://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/index.html. The signed and 

electronic versions of the Issues and 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary Results 

Based on the comments received, we 

made no changes to the net subsidy 

rates calculated for the Borusan 

Companies. However, we revised the 

net subsidy rate assigned to the firms 

not selected for individual examination. 

For a discussion of these issues, see the 

Issues and Decision Memorandum. 

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.6 For a complete description of 

the methodology underlying all of 

Commerce’s conclusions, see the Issues 

and Decision Memorandum. 

Final Results of the Review 

In accordance with section 

751(a)(1)(A) of the Act and 19 CFR 

351.221(b)(5), we determined an 

individual subsidy rate for the Borusan 

Companies and calculated a de minimis 

net subsidy rate for the period January 

1, 2018 through December 31, 2018. As 

discussed in the accompanying Issues 

and Decision Memorandum, it is 

Commerce’s practice in administrative 

reviews to calculate a rate for companies 

that are not individually examined by 

following the instructions to calculate 

the all-others rate under section 

705(c)(5) of the Act and averaging the 

weighted-average net subsidy rates for 

the individually-reviewed companies, 

excluding rates that are zero, de 

minimis, or based entirely on facts 

available.7 In this review, we calculated 

a de minimis net subsidy rate for the 

sole mandatory respondent. As a result, 

for the reasons discussed in the Issues 

and Decision Memorandum, we have 

determined that it is reasonable to 

assign to the firms subject to the review, 

but not selected for individual 

examination, the average of the abovede minimis net subsidy rates calculated 

for the mandatory respondents in the 

prior administrative review conducted 

in this proceeding, which is 1.18 

percent ad valorem.8 Therefore, we 

determine that the following total 

estimated net countervailable subsidy 

rates exist for the period January 1, 2018 

through December 31, 2018: 

Company 

Net subsidy 

rate 

(percent) 

Borusan Holding A.S. (also referred to as Borusan Holding), Borusan Mannesmann Yatirim Holding, Borusan Mannesmann 

Boru Sanayi ve Ticaret A.S. (Borusan), and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, the Borusan Companies) .... * 0.37. 

Borusan Ithicat ve Dagitim A.S ........................................................................................................................................................... 1.18 

Borusan Mannesmann ......................................................................................................................................................................... 1.18 

Borusan Mannesmann Pipe US, Inc ................................................................................................................................................... 1.18 

Cagil Makina Sanayi ve Ticaret A.S .................................................................................................................................................... 1.18 

Eksen Makina ...................................................................................................................................................................................... 1.18 


jbell on DSKJLSW7X2PROD with NOTICES
6868 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices 

9See Notice of Discontinuation of Policy to Issue 

Liquidation Instructions After 15 Days in 

Applicable Antidumping and Countervailing Duty 

Administrative Proceedings, 86 FR 884 (Jan.15, 

2021). 

Company 

Net subsidy 

rate 

(percent) 

Erbosan Erciyas Boru Sanayi ve Ticaret A.S ..................................................................................................................................... 1.18 

Guner Eksport ...................................................................................................................................................................................... 1.18 

Guven Celik Born San. Ve Tic. Ltd ..................................................................................................................................................... 1.18 

Guven Steel Pipe ................................................................................................................................................................................. 1.18 

Kalibre Boru Sanayi ve Ticaret AS ...................................................................................................................................................... 1.18 

MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul ................................................................................................................... 1.18 

Net Boru Sanayi ve Dis Ticaret Koll. Sti ............................................................................................................................................. 1.18 

Noksel Celik Boru Sanayi AS .............................................................................................................................................................. 1.18 

Perfektup Ambalaj San. ve Tic. A.S .................................................................................................................................................... 1.18 

Schenker Arkas Nakliyat ve Ticaret A.S ............................................................................................................................................. 1.18 

Umran Celik Born Sanayii A.S ............................................................................................................................................................ 1.18 

Umran Steel Pipe Inc .......................................................................................................................................................................... 1.18 

Vespro Muhendislik Mimarlik Danismanlik Sanayi ve Ticaret AS ....................................................................................................... 1.18 

Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve Ticaret A.S. 

(Yucel Companies) ........................................................................................................................................................................... 1.18 

* (de minimis) 

Disclosure 

Commerce intends to disclose the 

calculations performed for these final 

results of review within five days of the 

date of publication of this notice in the 

Federal Register, in accordance with 19 

CFR 351.224(b). 

Assessment Rates 

Consistent with its recent notice,9

Commerce intends to issue assessment 

instructions to U.S. Customs and Border 

Protection (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). 

Because we have calculated a de 

minimis countervailable subsidy rate for 

the Borusan Companies, we will 

instruct CBP to liquidate the appropriate 

entries without regard to countervailing 

duties in accordance with 19 CFR 

351.212. We will instruct CBP to 

liquidate shipments of subject 

merchandise produced and/or exported 

by the remaining above listed 

companies, entered or withdrawn from 

warehouse for consumption from 

January 1, 2018 through December 31, 

2018, at the ad valorem rates listed 

above for each respective company. 

Cash Deposit Instructions 

In accordance with section 

751(a)(2)(C) of the Act, we intend to 

instruct CBP to collect cash deposits of 

estimated countervailing duties, in the 

amounts shown above, with the 

exception of the Borusan Companies, 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 

review. Because the countervailable 

subsidy rate for the Borusan Companies 

is de minimis, Commerce will instruct 

CBP to collect cash deposits at a rate of 

zero for the Borusan Companies for all 

shipments of the subject merchandise 

that are entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of the final 

results of this administrative review. For 

all non-reviewed firms, we will instruct 

CBP to continue to collect cash deposits 

of estimated countervailing duties at the 

most-recent company specific or allothers rate applicable to the company, 

as appropriate. These cash deposit 

requirements, when imposed, 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. 

Notification to Interested Parties 

These final results are issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(5). 

Dated: January 15, 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 

VI. Non-Selected Rate 

VII. Subsidies Valuation Information 

VIII. Analysis of Programs 

IX. Analysis of Comments 

Comment 1: Whether to Include Purchases 

of All Series Grades of Hot-Rolled Steel 

(HRS) in the HRS Benchmark to Measure 

the Adequacy of Remuneration for HRS 

Comment 2: Whether Commerce Should 

Include Istikbal’s Export Credit Bank of 

Turkey (Eximbank) Loan in the Benefit 

Analysis for Short Term Pre-Shipment 

Rediscount Program 

X. Recommendation 

[FR Doc. 2021–01497 Filed 1–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–870] 

Certain Oil Country Tubular Goods 

From the Republic of Korea: 

Preliminary Results of Antidumping 

Duty Administrative Review; 2018– 

2019 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that certain oil country tubular goods 

(OCTG) from the Republic of Korea 

(Korea) are being sold in the United 

States at prices below normal value. The 

period of review (POR) is September 1, 


jbell on DSKJLSW7X2PROD with NOTICES