[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68115-68116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26907]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-817]
Oil Country Tubular Goods From the Republic of Turkey: Final
Results of Countervailing Duty Administrative Review; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has completed its
administrative review of the countervailing duty (CVD) order on oil
country tubular goods (OCTG) from the Republic of Turkey (Turkey). We
determine that Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan
Istikbal Ticaret T.A. S., Borusan Mannesmann Boru Yatirim Holding A.S.,
and Borusan Holding A.S., (collectively, Borusan), received
countervailable subsidies during the period of review (POR), January 1,
2017 through December 31, 2017.
DATES: Applicable December 13, 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 August 12, 2019, Commerce published the Preliminary Results of
this CVD administrative review in the Federal Register.\1\ We invited
interested parties to comment on the Preliminary Results. In September
2019, we received timely filed case and rebuttal briefs from the United
States Steel Corporation, TMK IPSCO, Vallourec Star, L.P., and Welded
Tube USA (collectively, the petitioners) and Borusan. On November 7,
2019, we held a public hearing \2\ on the Preliminary Results.\3\
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\1\ See Oil Country Tubular Goods from the Republic of Turkey:
Preliminary Results of Countervailing Duty Administrative Review;
2017, 84 FR 39797 (August 12, 2019) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Public Hearing Transcript, ``Administrative Review of
the Countervailing Duty Order on Certain Oil Country Tubular Goods
from the Republic of Turkey,'' dated November 7, 2019.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Countervailing Duty Administrative Review of Oil
Country Tubular Goods from the Republic of Turkey; 2017,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum) at 2-3.
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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. The merchandise subject to
the order is currently classified in the Harmonized Tariff Schedule of
the United States (HTSUS) under item numbers: 7304.29.10.10,
7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50,
7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60,
7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40,
7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15,
7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60,
7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00,
7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50,
7306.29.81.10, and
[[Page 68116]]
7306.29.81.50. The merchandise subject to the order may also enter
under the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70. The
HTSUS subheadings above are provided for convenience and customs
purposes only. The written description of the scope of the order is
dispositive. A full description of the scope of the order is contained
in the Issues and Decision Memorandum.\4\
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\4\ Id. at 2-3.
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Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum.\5\
These 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 CVD
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov; the Issues and Decision
Memorandum 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
on the internet http://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
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\5\ Id. at 4-15.
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Methodology
We 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 to be countervailable during the POR, we find that there
is a subsidy, i.e., a government-provided financial contribution that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
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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Changes Since the Preliminary Results
Based on the comments received from the petitioners and Borusan, we
revised the calculation of the net countervailable subsidy rate for
Borusan. For a discussion of these issues, see the Issues and Decision
Memorandum.
Final Results of the Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rate for Borusan,\7\ for the period January
1, 2017 through December 31, 2017:
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\7\ Commerce has determined that Borusan Mannesmann Boru Sanayi
ve Ticaret A.S., Borusan Istikbal Ticaret T.A.S., Borusan Mannesmann
Boru Yatirim Holding A.S., and Borusan Holding A.S. are cross-owned.
See Preliminary Decision Memorandum.
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Subsidy rate
Company (percent ad
valorem)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan 0.90
Istikbal Ticaret T.A.S., Borusan Mannesmann Boru
Yatirim Holding A.S., and Borusan Holding A.S.,
(collectively, Borusan)...............................
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Assessment Rates
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
appropriate assessment instructions to U.S. Customs and Border
Protection (CBP) 15 days after the date of publication of these final
results of review. We will instruct CBP to liquidate shipments of
subject merchandise produced by and/or exported by Borusan, entered, or
withdrawn from warehouse, for consumption on or after January 1, 2017
through December 31, 2017, at the ad valorem rate listed above.
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, we intend to
instruct CBP to collect cash deposits of estimated countervailing
duties at the rate shown above for Borusan, 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. 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, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Administrative Protective Orders
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). 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 sanctionable
violation.
We are issuing and publishing these final results of review in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(5).
Dated: December 9, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Scope of the Order
III. Subsidies Valuation Information
IV. Benchmark Interest Rates
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: How to Attribute Subsidies Received by Borusan on a
D-3 Certificate Under the Inward Processing Certificate Program;
Comment 2: Whether Commerce Should Use a Tier 2 Benchmark in the
Provision for Less Than Adequate Remuneration (LTAR) Program Because
Commerce Found That a Particular Market Situation (PMS) Distorts the
Turkish Market;
Comment 3: How to Treat the Customs Duty and Value Added Tax
(VAT) Exemptions Received by Borusan Under the Investment
Encouragement Program (IEP)
VII. Recommendation
[FR Doc. 2019-26907 Filed 12-12-19; 8:45 am]
BILLING CODE 3510-DS-P