[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42356-42357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15061]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-832]
Carbon and Alloy Steel Wire Rod From the Republic of Turkey:
Notice of Court Decision Not in Harmony With Final Countervailing Duty
Determination, and Notice of Amended Final Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 25, 2020, the United States Court of International
Trade (CIT) sustained the final results of redetermination pertaining
to the countervailing duty (CVD) investigation of carbon and alloy
steel wire rod (wire rod) from the Republic of Turkey (Turkey) for the
period of investigation (POI), January 1, 2016 through December 31,
2016. The Department of Commerce (Commerce) is notifying the public
that the final judgment in this case is not in harmony with the final
determination in the CVD investigation, and that Commerce is amending
the final determination and resulting CVD order with respect to the
subsidy rates assigned to Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S. (Habas) and all other producers/exporters not
individually investigated.
DATES: Applicable July 5, 2020.
FOR FURTHER INFORMATION CONTACT: Justin Neuman, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0486.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2018, Commerce published its Final Determination in
the CVD investigation of wire rod from Turkey for the POI of January 1,
2016 through December 31, 2016.\1\ In the Final Determination, Commerce
applied a rate based on adverse facts available to one program used by
the respondents after discovering unreported information related to the
Government of Turkey's (GOT's) ``Assistance to Offset Costs Related to
AD/CVD Investigations'' program, which confers a countervailable
subsidy.\2\ In the Final Determination, Commerce also evaluated whether
the GOT sold natural gas to Turkish wire rod producers for less-than-
adequate remuneration (LTAR), and relied on Russian Eurostat (Eurostat)
data for the tier two benchmark in the LTAR analysis. On May 21, 2018,
Commerce published the Amended Final Determination and Order.\3\
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\1\ See Carbon and Alloy Steel Wire Rod from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, in Part, 83
FR 13239 (March 28, 2018) (Final Determination) accompanying Issues
and Decision Memorandum (IDM).
\2\ See IDM at section VII; see also Memorandum, ``Carbon and
Alloy Steel Wire Rod from the Republic of Turkey: Calculations for
the Final Countervailing Duty Determination,'' dated March 19, 2018.
\3\ See Carbon and Alloy Steel Wire Rod from Italy and the
Republic of Turkey: Amended Final Affirmative Countervailing Duty
Determination for the Republic of Turkey and Countervailing Duty
Orders for Italy and the Republic of Turkey, 83 FR 23420 (May 21,
2018) (Amended Final Determination and Order).
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On December 3, 2018, Habas, Icdas Celik Enerji Tersane ve Ulasim
Sanayi A.S. (Icdas), and the Nucor Corporation (Nucor) challenged
various aspects of Commerce's Final Determination. Habas and Icdas
contested Commerce's application of adverse facts available as
unsupported by evidence and contrary to law. Nucor separately argued
that Commerce's selection of Eurostat data as a tier two benchmark to
calculate benefits from the provision of natural gas at LTAR was
inadequately explained, the data did not represent the best available
information, and the decision was unsupported by evidence and contrary
to law. On November 19, 2019, the CIT sustained Commerce's application
of adverse facts available against Habas and Icdas. However, the CIT
remanded the Final Determination to Commerce with instructions for
Commerce to reconsider benchmark data relating to the natural gas for
LTAR program.\4\
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\4\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS et
al. v. United States, Court No. 18-00144, Slip Op. 19-144 (CIT
November 19, 2019).
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On February 11, 2020, Commerce issued its Final Results of
Redetermination in accordance with the CIT's order.\5\ As part of its
analysis, Commerce placed new factual information on the record
relating to natural gas prices. Commerce then reconsidered its reliance
on Russian Eurostat data as a tier two benchmark, and instead relied on
data from an International Energy Administration (IEA) report, as
adjusted by Commerce, to construct a tier three benchmark.\6\ On June
25, 2020, the CIT sustained
[[Page 42357]]
Commerce's Final Results of Redetermination.\7\
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\5\ See Final Results of Redetermination Pursuant to Remand
Order, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS et al. v.
United States, Court No. 18-00144, Slip Op. 19-144 (CIT November 19,
2019), dated February 11, 2020 (Final Results of Redetermination).
\6\ Id.
\7\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS, et
al. v. United States, Court No. 18-00144, Slip Op. 20-87 (CIT June
25, 2020).
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Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant
to section 516A of the Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of a court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's June 25,
2020, judgment sustaining the Final Results of Redetermination
constitutes a final decision of the CIT that is not in harmony with
Commerce's Final Determination, as modified by the Amended Final
Determination and Order. This notice is published in fulfillment of the
publication requirements of Timken.
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\8\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\9\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court decision, Commerce is amending
its Final Determination with respect to the countervailing duty rate
calculated for Habas and the companies covered by the all-others rate.
The revised rates are as follows:
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Subsidy
Exporter or producer rate
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Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S \10\.... 6.09
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S \11\........ 3.81
All Others.................................................. 4.95
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Cash Deposit Requirements
Because Habas does not have a superseding cash deposit rate, i.e.,
there have been no final results published in a subsequent
administrative review for the Habas, Commerce will issue revised cash
deposit instructions to CBP. Commerce will instruct CBP to collect a
cash deposit for estimated countervailing duties at ad valorem rates
equal to the estimated weighted-average subsidy rates listed above for
Habas and all other producers and exporters of the subject merchandise,
effective July 5, 2020.
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\10\ See Final Results of Redetermination.
\11\ The rate for Icdas did not change as a result of
litigation. See Carbon and Alloy Steel Wire Rod From the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, in Part, 83
FR 13239 (March 28, 2018); see also Order, 83 FR at 23421.
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c)(1) and (e), and 777(i)(1) of the Act.
Dated: July 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-15061 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-DS-P