Certain Hot-Rolled Steel Flat Products From Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)

Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)

Notices

Pages 56805-56807

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2018-24795

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DEPARTMENT OF COMMERCE

International Trade Administration

A-489-826

Certain Hot-Rolled Steel Flat Products From Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S. (collectively, Colakoglu) did not sell subject merchandise in the United States at prices below normal value during the period of review (POR). Additionally, Commerce preliminarily determines that three other companies for which we initiated reviews had no shipments during the POR. We invite interested parties to comment on these preliminary results.

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,

Page 56806

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 certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Turkey (Turkey). The notice of initiation of this administrative review was published on December 7, 2017.\1\ This review covers 11 producers or exporters of the subject merchandise. The POR is March 22, 2016, through September 30, 2017. Commerce selected Colakoglu as the mandatory respondent in this administrative review.\2\

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\1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 57705 (December 7, 2017).

\2\ See Memorandum, ``Respondent Selection for the Administrative Review of the Antidumping Duty Order of Certain Hot-

Rolled Steel Flat Products from Turkey,'' dated January 16, 2018.

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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.\3\

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\3\ See Memorandum, ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Hot-

Rolled Steel Flat Products from the Republic of Turkey; 2016-2017,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

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Methodology

Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act.

For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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, and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. 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. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the Appendix to this notice.

Preliminary Determination of No Shipments

Among the companies under review, three companies, Gazi Metal Mamulleri Sanayi Ve Ticaret A.S. (Gazi), Toscelik Profile and Sheet Ind. Co. (a.k.a. Toscelik Profil ve Sac endustrisi A.S.) and Tosyali Holding A.S. (collectively, Toscelik), and Eregli Demir ve Celik Fabrikalari T.A.S. and Iskenderun Iron and Steel Works Ltd. (a.k.a. Iskenderun Demir ve Celik A.S.) (collectively, Erdemir), each properly filed statements reporting that they made no shipments of subject merchandise to the United States during the POR. Based on the certifications submitted and our analysis of Customs and Border Protection (CBP) information, we preliminarily determine that Gazi, Toscelik, and Erdemir had no shipments during the POR.\4\ Consistent with its practice, Commerce finds that it is not appropriate to preliminarily rescind the review with respect to these 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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\4\ See Preliminary Decision Memorandum.

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Preliminary Results of the Review

As a result of this review, we preliminarily determine the following weighted-average dumping margins for the period March 22, 2016, through September 30, 2017:

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Weighted-

average

Exporter or producer dumping

margin

(percent)

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Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S...... 0

Agir Haddecilik A.S......................................... 0

Habas Industrial and Medical Gases Production Industries Inc 0

Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi............. 0

MMK Atakas Metalurji........................................ 0

Ozkan Iron and Steel Ind.................................... 0

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Assessment Rates

Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries.

Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales. Where the mandatory respondents did not report entered value, we calculated the entered value in order to calculate the ad valorem 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 rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.

For the companies which were not selected for individual review, we will assign an assessment rate based on the weighted-average dumping margins calculated for the mandatory respondents. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated antidumping duties, where applicable.\5\

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\5\ See section 751(a)(2)(C) of the Act.

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We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review.

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 that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, 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 manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash

Page 56807

deposit rate for all other manufacturers or exporters will continue to be 6.41 percent, the all-others rate established in the underlying investigation.\6\ These deposit requirements, when imposed, shall remain in effect until further notice.

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\6\ 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).

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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.\7\ Interested parties may submit case briefs not later than 30 days after the date of publication of this notice.\8\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.\9\ 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.\10\ Case and rebuttal briefs should be filed using ACCESS.\11\

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\7\ See 19 CFR 351.224(b).

\8\ See 19 CFR 351.309(c)(1)(ii).

\9\ See 19 CFR 351.309(d)(1).

\10\ See 19 CFR 351.309(c)(2) and (d)(2).

\11\ See 19 CFR 351.303.

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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. 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.\12\ 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, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\13\

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\12\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).

\13\ See 19 CFR 351.310(c).

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Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the publication of these preliminary results in the Federal Register, unless otherwise extended.\14\

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\14\ See Section 751(a)(3)(A) of the Act.

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Notification to Importers

This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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.

Dated: November 1, 2018.

James Maeder,

Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary

2. Background

3. Period of Review

4. Scope of the Order

5. Preliminary Determination of No Shipments

6. Review-Specific Rate for Non-Examined Companies

7. Discussion of the Methodology

   1. Normal Value Comparisons

      1. Determination of Comparison Method

      2. Results of the Differential Pricing Analysis

   2. Date of Sale

   3. Product Comparisons

   4. Export Price and Constructed Export Price

   5. Normal Value

      1. Home Market Viability

      2. Currency of Home Market Unit Price

      3. Level of Trade

      4. Overrun Sales

      5. Cost of Production Analysis

      6. Calculation of Normal Value Based on Home Market Prices

8. Currency Conversion

9. Recommendation

   FR Doc. 2018-24795 Filed 11-13-18; 8:45 am

   BILLING CODE 3510-DS-P