[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Notices]
[Pages 11227-11230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03783]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-826]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that seven companies, including the sole mandatory respondent, Habas 
Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas), a producer and 
exporter of certain hot-rolled steel flat products (hot-rolled steel) 
from the Republic of Turkey (Turkey), sold subject merchandise in the 
United States at prices below normal value during the period of review 
(POR) October 1, 2018, through September 30, 2019. In addition, 
Commerce preliminarily determines that six exporters had no shipments 
during the POR. Lastly, on May 15, 2020, Commerce discontinued the 
review initiated for Colakoglu Metalurji, A.S., and Colakoglu Dis 
Ticaret A.S. We invite all interested parties to comment on these 
preliminary results.

DATES: Applicable February 24, 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

    Commerce is conducting an administrative review of the antidumping 
duty order on hot-rolled steel from Turkey,\1\ in accordance with 
section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). On 
December 11, 2019, in accordance with 19 CFR 351.221(c)(1)(i), we 
initiated this administrative review of the Order covering thirteen 
producers and/or exporters of the subject merchandise.\2\ On May 15, 
2020, Commerce selected Habas as the sole mandatory respondent.\3\
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    \1\ See 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); See also 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 67712 (December 11, 2019) (Initiation 
Notice).
    \3\ See Memorandum, ``Respondent Selection Memorandum for 
Administrative Review of Antidumping Duty Order on Certain Hot-
Rolled Steel Flat Products from the Republic of Turkey; 2018-2019,'' 
dated May 15, 2020.
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ Subsequently, on July 21,

[[Page 11228]]

2020, Commerce tolled all deadlines in administrative reviews by an 
additional 60 days.\5\ On October 2, 2020, we postponed the preliminary 
results of this review until February 17, 2021.\6\ For a detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum, dated concurrently with these 
preliminary results and hereby adopted by this notice.\7\
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    \4\ 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.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Turkey: Antidumping Duty Administrative Review; 
2018-2019; Extension of Deadline for Preliminary Results,'' dated 
October 2, 2020.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Certain Hot-Rolled Steel Flat 
Products from Turkey; 2018-2019,'' 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 certain hot-rolled steel 
flat products. For a complete description of the scope of the Order, 
see the Preliminary Decision Memorandum.\8\
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    \8\ Id.; see also Order.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export prices are calculated in accordance with 
section 772 of the Act and normal value is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix 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 http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Determination of No Shipments

    Six producers and/or exporters properly filed a certification 
reporting that they made no shipments of 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); \9\ (4) 
Gazi Metal Mamulleri Sanayi ve Ticaret A.S. (Gazi); (5) Seametal Sanayi 
ve Dis Ticaret Limited Sirketi (Seametal) \10\; and (6) Tosyali Holding 
(Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac A.S.). 
U.S. Customs and Border Protection (CBP) did not have any information 
to contradict these claims of no shipments during the POR.\11\ 
Therefore, we preliminarily determine that these companies did not have 
shipments of subject merchandise during the POR. Consistent with 
Commerce's practice,\12\ Commerce finds that it is not appropriate to 
rescind the review with respect to these six companies, but rather to 
complete the review and issue appropriate instructions to CBP based on 
the final results of this review.
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    \9\ In the underlying investigation, Commerce collapsed Eregrli 
Demir ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel Works 
Co. (collectively, Erdemir Group) as a single entity. See Certain 
Hot-Rolled Steel Flat Products from the Republic of Turkey: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 81 FR 15231 (March 
22, 2016), and accompanying Preliminary Decision Memorandum at 6, 
unchanged in 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).
    \10\ In Commerce's Initiation Notice, this company was referred 
to as Seametal San ve Dis Tic. The two names refer to the same 
company.
    \11\ See Preliminary Decision Memorandum at 4.
    \12\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Turkey: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019), and 
accompanying Preliminary Decision Memorandum at 4.
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Discontinuation of Administrative Review

    On May 15, 2020, Commerce discontinued this review with respect to 
Colakoglu Metalurji, A.S., and Colakoglu Dis Ticaret A.S., based on the 
final judgment of the U.S. Court of International Trade in the 
litigation associated with the underlying less-than-fair-value 
investigation.\13\
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    \13\ 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).
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual 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 a less-
than-fair-value 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} .''
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    \14\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act. See Memorandum, ``Final Results of the 
Antidumping Administrative Review of Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from the Republic of Korea: Calculation 
of the Cash Deposit Rate for Non-Reviewed Companies,'' dated July 6, 
2020.
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    In this review, we have preliminarily calculated a weighted-average 
dumping margin for Habas that is not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, we have 
preliminarily assigned to the companies not individually examined a 
weighted-average dumping margin of 21.48 percent, which is the 
weighted-average dumping margin calculated for Habas.

Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period October 1, 2018, through September 30, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Producer and exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S........       21.48
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    Review-Specific Average Rate Applicable to the Following Companies: 
\14\

[[Page 11229]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporters                     dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Cag Celik Demir ve Celik....................................       21.48
Habas Industrial and Medical Gases Production Industries Inc       21.48
MMK Atakas Metalurji........................................       21.48
Ozkan Iron and Steel Ind....................................       21.48
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Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\15\ The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by this review and for future deposits of estimated duties, 
where applicable.\16\ 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 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).
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    \15\ See 19 CFR 351.212(b).
    \16\ See section 751(a)(2)(C) of the Act.
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    Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent), we calculated an importer-specific ad valorem duty 
assessment rate based on the ratio of the total amount of dumping 
calculated for the U.S. sales for a given importer to the total entered 
value of those sales. Where the mandatory respondent did not report 
entered value, we calculated the entered value in order to calculate 
the assessment rate. 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 companies that were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem rate equal to each company's weighted-average dumping margin 
determined in the final results of this review.
    For entries of subject merchandise during the POR produced by Habas 
for which it did not know that its merchandise was destined for the 
United States and for all entries attributed to the companies that we 
find had no shipments during the POR, we will instruct CBP to liquidate 
such unreviewed entries pursuant to the reseller policy,\17\ 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),\18\ if there is 
no rate for the intermediate company(ies) involved in the transaction.
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    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \18\ See Timken Notice.
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Cash Deposit Requirements

    The following deposit requirements 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 within the meaning of 19 CFR 
351.106(c)(1), 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 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.\19\
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    \19\ 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).
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice in accordance 
with 19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\20\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the time limit for filing case briefs.\21\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\22\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS and must be served on interested parties.\23\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\24\
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    \20\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \21\ See 19 CFR 351.309(d)(1).
    \22\ See 19 CFR 351.309(c)(2) and (d)(2).
    \23\ See 19 CFR 351.303.
    \24\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Hearing requests should contain: (1) The party's name, address, 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined.\25\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \25\ See 19 CFR 351.310(c).
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    An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\26\
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    \26\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
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Final Results of Review

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in all 
written briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register pursuant to section 
751(a)(3)(A) of the Act and 19 CFR

[[Page 11230]]

351.213(h)(1), unless otherwise extended.\27\
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    \27\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice serves as a preliminary 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: February 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Period of Review
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-03783 Filed 2-23-21; 8:45 am]
BILLING CODE 3510-DS-P