[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6866-6868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01497]


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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 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

[[Page 6867]]

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\
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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 Partial Rescission; Calendar Year 2018, 85 
FR 18917 (April 3, 2020) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See 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.
    \5\ 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; 
2018,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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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.
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    \6\ 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)(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 
above-de 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:
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    \7\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \8\ See 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.

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                                                            Net subsidy
                         Company                          rate (percent)
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Borusan Holding A.S. (also referred to as Borusan                * 0.37.
 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)..................
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

[[Page 6868]]

 
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                   1.18
 Ticaret AS.............................................
Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat             1.18
 Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve
 Ticaret A.S. (Yucel Companies).........................
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* (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.
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    \9\ See 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).
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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 all-others 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