Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47479 

10See Memorandum from Jonathan Hill, 

International Trade Compliance Analyst, AD/CVD 

Operations, Office IV, Enforcement and Compliance 

to The File ‘‘Final Results of the 2015—2016 

Antidumping Duty Administrative Review of LightWalled Rectangular Pipe and Tube from Turkey: 

Calculation of the Rate for Respondents Not 

Selected for Individual Examination,’’ dated 

concurrently with this notice. 

11 In these final results, the Department applied 

the assessment rate calculation method adopted in 

Antidumping Proceedings: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101 

(February 14, 2012) (Final Modification for 

Reviews). 

12See Notice of Final Determination of Sales at 

Less Than Fair Value: Light-Walled Rectangular 

Pipe and Tube from Turkey, 73 FR 19814 (April 11, 

2008). 

to the non-individually examined 

respondents is 7.22 percent.10

Disclosure 

The Department 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 

The Department shall determine and 

Customs and Border Protection (CBP) 

shall assess antidumping duties on all 

appropriate entries.11 The Department 

calculated importer-specific ad valorem 

antidumping duty assessment rates by 

aggregating the total amount of dumping 

calculated for the examined sales of 

each importer and dividing each of 

these amounts by the total entered value 

associated with those sales. The 

Department will instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by this review where an 

importer-specific assessment rate is not 

zero or de minimis. Pursuant to the 

Final Modification for Reviews, we will 

instruct CBP to liquidate without regard 

to antidumping duties any entries for 

which the importer-specific assessment 

rate is zero or de minimis. Additionally, 

because the Department determined that 

Agir Haddecilik A.S. had no shipments 

of the subject merchandise, any 

suspended entries that entered under 

the company’s case numbers (i.e., at the 

company’s rate) will be liquidated at the 

all-others rate effective during the 

period of review, consistent with the 

Department’s practice. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the notice of final results 

of administrative review for all 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication 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 respondents noted 

above will be the rate established in the 

final results of this administrative 

review; (2) for previously reviewed or 

investigated companies not listed above, 

the cash deposit rate will continue to be 

the company-specific rate published for 

the most recent period; (3) if the 

exporter is not a firm covered in this 

review, a prior review, or the original 

investigation, but the producer is, the 

cash deposit rate will be the rate 

established for the most recent period 

for the producer of the merchandise; 

and (4) the cash deposit rate for all other 

producers or exporters will continue to 

be 27.04 percent, the all-others rate 

established in the investigation.12 These 

cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers Regarding the 

Reimbursement of Duties 

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 this 

review period. Failure to comply with 

this requirement could result in the 

Department’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification Regarding Administrative 

Protective Orders (APO) 

This notice also serves as a reminder 

to parties subject to 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. 

This notice of the final results of this 

antidumping duty administrative review 

is issued and published in accordance 

with sections 751(a)(1) and 777(i) of the 

Act and 19 CFR 351.213 and 19 CFR 

351.221(b)(5). 

Dated: October 4, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

Summary 

Scope of the Order 

Discussion of the Issues 

I. General Issues 

Comment 1: Cash Deposit Instructions 

Comment 2: Assessment of Antidumping 

Duties 

II. Company Specific Issues 

Agir Haddecilik A.S. 

Comment 3: Finding of No Shipments 

CINAR Boru Profil Sanayi ve Ticaret A.S. 

Comment 4: Certificate of Service 

Comment 5: Duty Drawback Adjustment 

Comment 6: Product Characteristic 

Modification 

Comment 7: Home Market and Margin SAS 

Program Date Parameters 

Comment 8: U.S. Brokerage and Handling 

(B&H) Expenses 

Noksel Celik Boru Sanayi A.S. 

Comment 9: Duty Drawback Adjustment 

Comment 10: Imputed Home Market Credit 

Expenses 

Comment 11: Inclusion of Certain Sales 

Outside of the POR 

Comment 12: Application of AFA to a U.S. 

Sale 

Comment 13: Application of AFA Based on 

CBP Entry Data 

Recommendation 

[FR Doc. 2017–22072 Filed 10–11–17; 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 Turkey: Final Results 

of Countervailing Duty Administrative 

Review; Calendar Year 2015 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has completed the 

administrative review of the 

countervailing duty (CVD) order on 

circular welded carbon steel pipes and 

tubes (pipes and tubes) from Turkey for 

the January 1, 2015, through December 

31, 2015, period of review (POR) in 

accordance with section 751(a) of the 

Tariff Act of 1930, as amended (the Act). 

This review covers multiple exporters/ 

producers, two of which are being 

individually examined as mandatory 

respondents. We have determined that 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
47480 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 

1See Memorandum to Gary Taverman, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, performing the 

non-exclusive functions and duties of the Assistant 

Secretary for Enforcement and Compliance, 

‘‘Decision Memorandum for Final Results of 

Countervailing Duty (CVD) Administrative Review: 

Circular Welded Carbon Steel Pipes and Tubes from 

Turkey,’’ dated concurrently with and hereby 

adopted by these final results (Issues and Decision 

Memorandum). 

2See 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. 

3See Circular Welded Carbon Steel Pipes and 

Tubes from Turkey: Final Results of Countervailing 

Duty Administrative Review; Calendar Year 2013 

and Rescission of Countervailing Duty 

Administrative Review, in Part, 80 FR 61361 

(October 13, 2015). 

4 Id. 

5 Id. 

the net subsidy rate for Borusan 

Holding, A.S. (Borusan Holding), 

Borusan Mannesmann Boru Sanayi ve 

Ticaret A.S. (Borusan), and Borusan 

Istikbal Ticaret T.A.S. (Istikbal) 

(collectively, the Borusan Companies), 

is 0.49 percent ad valorem. We have 

determined that the net subsidy rate for 

Toscelik Profil ve Sac Endustrisi A.S. 

(Toscelik Profil), Tosyali dis Ticaret 

A.S. (Tosyali) and Tosyali Holding 

(Tosyali) (collectively, the Toscelik 

Companies), is 6.64 percent ad valorem. 

Further, in these final results, we have 

applied the net subsidy rate calculated 

for the Toscelik Companies to the 

following four respondents not subject 

to individual examination: Erbosan 

Erciyas Boru Sanayi ve Ticaret A.S. 

(Erbosan), Umran Celik Born Sanayii 

A.S. (also known as Umran Steel Pipe 

Inc.) (Umran), Guven Steel Pipe (also 

known as Guven Celik Born San. Ve Tic. 

Ltd.) (Guven), and Yucel Boru ye Profil 

Endustrisi A.S, Yucelboru Ihracat Ithalat 

ye Pazarlama A.S, and Cayirova Boru 

Sanayi ye Ticaret A.S. (collectively, 

hereinafter, the Yucel Companies). 

DATES: Applicable October 12, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Tran (the Toscelik Companies) 

at 202–482–1503, or Jolanta Lawska (the 

Borusan Companies) at 202–482–8362, 

AD/CVD Operations, Office III, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

Scope of Order 

The products covered by this order 

are certain welded carbon steel pipe and 

tube with an outside diameter of 0.375 

inch or more, but not over 16 inches, of 

any wall thickness (pipe and tube) from 

Turkey. These products are currently 

classifiable under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheadings as 7306.30.10, 7306.30.50, 

and 7306.90.10. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the merchandise 

is dispositive. 

Analysis of Comments Received 

All issues raised in interested parties’ 

briefs are addressed in the Issues and 

Decision Memorandum.1 A list of the 

issues raised by interested parties and to 

which we responded in the Issues and 

Decision Memorandum is provided 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, and is available to all 

parties in the Central Records Unit, 

room B8024 of the main Commerce 

building. 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 Issues and 

Decision Memorandum and the 

electronic versions of the Issues and 

Decision Memorandum are identical in 

content. 

Methodology 

The Department conducted this 

review in accordance with section 

751(a)(1)(A) of 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.2 For a complete 

description of the methodology 

underlying all of the Department’s 

conclusions, see the Issues and Decision 

Memorandum. 

Final Results of Review 

In accordance with 19 CFR 

351.221(b)(5), we calculated an 

individual subsidy rate for the 

mandatory respondents, the Borusan 

Companies and the Toscelik Companies. 

The subsidy rate calculated for the 

Borusan Companies is de minimis. As 

discussed in the accompanying Issues 

and Decision Memorandum, it is the 

Department’s practice to calculate a rate 

for companies that are not individually 

examined by averaging the weightedaverage net subsidy rates for the 

individually-reviewed companies, 

excluding rates that are zero, de 

minimis, or based entirely on facts 

available. Because only the Toscelik 

Companies received an above-de 

minimis net subsidy rate, and this rate 

is not based entirely on facts available, 

for the companies for which a review 

was requested that were not 

individually examined as mandatory 

respondents, i.e., Erbosan, Guven, 

Umran, and the Yucel Companies, we 

assigned the subsidy rate calculated for 

the Toscelik Companies. As a result of 

this review, we determine the listed net 

subsidy rates for January 1, 2015, 

through December 31, 2015: 

Company Net subsidy rate 

(percent) 

Borusan Group, Borusan Holding, A.S. (Borusan Holding), Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), 

Borusan Istikbal Ticaret T.A.S. (Istikbal), (collectively, the Borusan Companies) .................................................................. * 0.49 

Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), Toscelik Metal Ticaret AS., and Tosyali Dis Ticaret AS. (Tosyali) 

(collectively, the Toscelik Companies) ..................................................................................................................................... 6.64 

Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) (Guven) 3 ................................................................... 6.64 

Umran Celik Born Sanayii A.S. (also known as Umran Steel Pipe Inc.) (Umran) 4 ................................................................... 6.64 

Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) ........................................................................................................... 6.64 

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

A.S. (collectively, the Yucel Companies) 5 ............................................................................................................................... 6.64 

* (de minimis). 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47481 

6See 19 CFR 351.224(b). 

1See Certain Aluminum Foil from the People’s 

Republic of China: Initiation of Less-Than-FairValue Investigation, 82 FR 15691 (March 30, 2017) 

(Initiation Notice). 

2See Certain Aluminum Foil from the People’s 

Republic of China: Notice of Initiation of Inquiry 

into the Status of the People’s Republic of China as 

a Nonmarket Economy Country Under the 

Antidumping and Countervailing Duty Laws, 82 FR 

16162 (April 3, 2017) (NME Inquiry Initiation 

Notice). 

3See Initiation Notice, 82 FR at 15695. 

4See Certain Aluminum Foil from the People’s 

Republic of China: Postponement of Preliminary 

Determination of the Less-Than-Fair-Value 

Investigation, 82 FR 35753 (August 1, 2017). 

5See NME Inquiry Initiation Notice, 82 FR at 

16163. 

Disclosure 

We will disclose to the parties in this 

proceeding the calculations performed 

for these final results within five days 

of the date of publication of this notice 

in the Federal Register.6

Assessment Rates 

In accordance with 19 CFR 

351.212(b)(2), the Department intends to 

issue assessment instructions to U.S. 

Customs and Border Protection (CBP) 15 

days after the date of publication of 

these final results of review to liquidate 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after January 1, 

2015, through December 31, 2015. 

Concerning the Borusan Companies, the 

Department intends to issue assessment 

instructions to CBP to liquidate 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after January 1, 

2015, through December 31, 2015, 

without regard to countervailing duties. 

Cash Deposits 

In accordance with section 751(a)(1) 

of the Act, we intend to instruct CBP to 

collect cash deposits of estimated 

countervailing duties in the amounts 

shown for each of the respective 

companies listed above, except if the 

rate calculated in these final results is 

zero or de minimis, no cash deposit will 

be required. These cash deposit 

requirements, effective upon 

publication of these final results, shall 

remain in effect until further notice. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to an administrative 

protective order (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 proceeding. Timely written 

notification of the return/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 which is subject 

to sanction. 

These final results are issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: October 4, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

I. Summary 

II. Background 

III. List of Comments 

IV. Scope of the Order 

V. Subsidies Valuation Information 

A. Allocation Period 

B. Attribution of Subsidies 

C. Loan Benchmark and Discount Interest 

Rates 

VI. Non-Selected Rate 

VII. Analysis of Programs 

A. Programs Determined To Be 

Countervailable 

1. Deduction From Taxable Income for 

Export Revenue 

2. Short-Term Pre-Shipment Rediscount 

Program 

3. Provision of Hot-Rolled Steel (HRS) for 

Less Than Adequate Remuneration 

(LTAR) 

4. Inward Processing Certificate Exemption 

5. Law 6486: Social Security Premium 

Incentive 

6. Law 5084: Allocation of Free Land and 

Purchase of Land for LTAR 

7. Export Financing: Export-Oriented 

Working Capital Program 

B. Programs Found Not to Confer 

Countervailable Benefits 

C. Programs Determined to Not Be Used 

VIII. Analysis of Comments 

Comment 1: Attribution of the Tosc ̧elik 

Companies’ Subsidy Benefits 

Comment 2: Short-Term Loan Benchmark 

Comment 3: Calculation of Benchmark 

Used To Measure Whether Tosc ̧elik 

Purchased Hot-Rolled Steel (HRS) for 

Less Than Adequate Remuneration 

(LTAR) 

Comment 4: Whether the HRS Benchmark 

From the Preliminary Results Contains 

HRS Purchases That Are Not Comparable 

to the HRS Purchased From Erdemir 

Comment 5: Erbosan’s Clarification of its 

No Shipment Certification 

Comment 6: Correct Clerical Error in HRS 

Benchmark 

IX. Recommendation 

[FR Doc. 2017–22069 Filed 10–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–053] 

Certain Aluminum Foil From the 

People’s Republic of China: Deferral of 

Preliminary Determination of the LessThan-Fair-Value Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable October 12, 2017. 

FOR FURTHER INFORMATION CONTACT: Erin 

Kearney at (202) 482–0167, AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 30, 2017, the Department of 

Commerce (the Department) initiated an 

antidumping duty investigation 

concerning imports of certain aluminum 

foil from the People’s Republic of China 

(PRC).1 On April 3, 2017, as part of the 

investigation of certain aluminum foil 

from the PRC, the Department initiated 

an inquiry into the status of the PRC as 

a nonmarket economy (NME) country, 

pursuant to section 771(18)(C)(ii) of the 

Tariff Act of 1930, as amended (the 

Act).2

The Initiation Notice stated that the 

Department, in accordance with section 

733(b)(1)(A) of the Act and 19 CFR 

351.205(b)(1), would issue its 

preliminary determination in this 

investigation no later than 140 days 

after the date of the initiation, unless 

postponed.3 On August 1, 2017, the 

Department postponed the deadline for 

the preliminary determination of this 

investigation by 50 days, until October 

4, 2017, in accordance with section 

733(c)(1)(A) of the Act and 19 CFR 

351.205(b)(2).4

Deferral of Preliminary Determination 

In the NME Inquiry Initiation Notice, 

the Department solicited comments and 

information from interested parties and 

announced its intention to issue its final 

determination regarding the PRC’s NME 

status prior to the issuance of the 

Department’s preliminary determination 

in the less-than-fair-value 

investigation.5 To fully consider all 

information relevant to the inquiry into 

the status of the PRC as a NME country 

and issue a final determination, the 

Department requires additional time 


asabaliauskas on DSKBBXCHB2PROD with NOTICES