Oil Country Tubular Goods From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2017
| Citation | 84 FR 39797 |
| Record Number | 2019-17097 |
| Published date | 12 August 2019 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 84 Issue 155 (Monday, August 12, 2019)
[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39797-39798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17097]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-817]
Oil Country Tubular Goods From the Republic of Turkey:
Preliminary Results of Countervailing Duty Administrative Review; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers and exporters of oil country tubular goods
(OCTG) from the Republic of Turkey (Turkey) received countervailable
subsidies during the period of review (POR) January 1, 2017, through
December 31, 2017. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 12, 2019.
FOR FURTHER INFORMATION CONTACT: Aimee Phelan, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0697.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2018, Commerce published a notice of opportunity
to request an administrative review of the countervailing duty (CVD)
order on OCTG from Turkey for the period January 1, 2017, through
December 31, 2017.\1\ On September 28, 2018, Commerce received a review
request from United States Steel Corporation, Maverick Tube
Corporation, Tenaris Bay City Inc., TMK IPSCO, Vallourec Star, L.P.,
and Welded Tube USA (domestic interested parties), for Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret
T.A. [Scedil].\2\ On October 1, 2018, Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. requested a review of itself.\3\ On November 15, 2018,
Commerce published a notice of initiation of an administrative review
for this CVD order.\4\ On January 28, 2019, Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018, through the resumption of
operations on January 29, 2019.\5\ Accordingly, the deadline for the
preliminary results of this administrative review was rescheduled to
July 12, 2019. On July 3, 2019, Commerce extended the deadline for the
preliminary results to August 21, 2019.\6\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 45888 (September 11, 2018).
\2\ See Letter from domestic interested parties, ``Oil Country
Tubular Goods from Turkey: Request for Administrative Review,''
dated September 28, 2018.
\3\ See Letter from Borusan, ``Oil Country Tubular Goods from
Turkey, Case No. C-489-817: Request for Countervailing Duty
Administrative Review,'' dated October 1, 2018.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411, 57418 (November 15, 2018).
\5\ See Memo from Gary Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operation, performing the non-
exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadline Affected by Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding affected by the partial closure of
the Federal government have been extended by 40 days.
\6\ See Memo to James Maeder, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Administrative
Review of the Countervailing Duty Order on Oil Country Tubular Goods
from the Republic of Turkey: Extension of Deadline for Preliminary
Results,'' dated July 3, 2019.
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Scope of the Order
The merchandise covered by the order is certain OCTG, which are
hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast iron) or steel (both carbon
and alloy), whether seamless or welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or threaded and coupled) whether or
not conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service OCTG
products), whether or not thread protectors are attached. The scope of
the order also covers OCTG coupling stock. A full description of the
scope of the order is contained in the Preliminary Decision Memorandum,
which is hereby adopted by this notice.\7\
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\7\ See Memorandum re: ``Decision Memorandum for the Preliminary
Results of 2016 Countervailing Duty Administrative Review: Oil
Country Tubular Goods from the Republic of Turkey,'' dated
concurrently with this notice (Preliminary Decision Memorandum).
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Methodology
We are conducting this administrative 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 to be countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\8\ For a
[[Page 39798]]
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
https://access.trade.gov and 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
on the internet at http://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content. A list of
topics discussed in the Preliminary Decision Memorandum is provided in
the Appendix to this notice.
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\8\ 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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Preliminary Results of the Review
We preliminarily determine the following net countervailable
subsidy rate for the mandatory respondent, Borusan Mannesmann Boru
Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret T.A. [Scedil].,
Borusan Mannesmann Boru Yatirim Holding A.[Scedil]., and Borusan
Holding A.[Scedil]., (collectively, Borusan) \9\ for the period January
1, 2017, through December 31, 2017:
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\9\ Commerce has determined that Borusan Mannesmann Boru Sanayi
ve Ticaret A.S., Borusan Istikbal Ticaret T.A. [Scedil]., Borusan
Mannesmann Boru Yatirim Holding A.[Scedil]., and Borusan Holding
A.[Scedil]. are cross-owned. See Preliminary Decision Memorandum.
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Company Net subsidy rate Ad Valorem
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Borusan Mannesmann Boru Sanayi ve Ticaret 1.00 percent.
A.S., Borusan Istikbal Ticaret T.A.
[Scedil]., Borusan Mannesmann Boru Yatirim
Holding A.[Scedil]., and Borusan Holding
A.[Scedil]. (collectively, Borusan).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount shown above for Borusan, with
regard to 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. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most recent
company specific or all-others rate applicable to the company. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results.\10\ Interested parties may
submit written argument (case briefs) on the preliminary results no
later than 30 days from the date of publication of this Federal
Register notice, and rebuttal argument (rebuttal briefs) within five
days after the time limit for filing case briefs.\11\ Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in
the case briefs. Parties who submit arguments are requested to submit
with the argument: (1) A statement of the issue; (2) a brief summary of
the argument; and (3) a table of authorities.\12\ All briefs must be
filed electronically using ACCESS.
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\13\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, parties will be notified of the
date and time for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\14\
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: August 5, 2019.
Christian Marsh,
Deputy 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Recommendation
[FR Doc. 2019-17097 Filed 8-9-19; 8:45 am]
BILLING CODE 3510-DS-P
