89 FR 196 pgs. 81884-81886 - Oil Country Tubular Goods From the Republic of Turkey: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022

Type: NOTICEVolume: 89Number: 196Pages: 81884 - 81886
Docket number: [C-489-817]
FR document: [FR Doc. 2024-23382 Filed 10-8-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version:  PDF Version
Pages: 81884, 81885, 81886

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-817]

Oil Country Tubular Goods From the Republic of Turkey: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain oil country tubular goods (OCTG) from the Republic of Türkiye (Türkiye) during the period of review (POR) from January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding this review, in part, with respect to 10 companies. Interested parties are invited to comment on these preliminary results.

DATES:

Applicable October 9, 2024.

FOR FURTHER INFORMATION CONTACT:

Nicholas Czajkowski, 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) 482-1395.

SUPPLEMENTARY INFORMATION:

Background

On July 18, 2014, Commerce published in the Federal Register the countervailing duty (CVD) order on OCTG from Türkiye. 1 On November 15, 2023, Commerce published in the Federal Register the notice of initiation of an administrative review of the Order. 2 On December 18, 2024, Commerce selected Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan) and Cayirova Boru Sanayi ve Ticaret A.S. (Cayirova) for individual examination as the mandatory respondents in this administrative review. 3 On May 21, 2024, we extended the deadline for the preliminary results of this administrative review until September 27, 2024. 4 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 5 The deadline for the preliminary results is now October 4, 2024.

Footnotes:

1 ? See Certain Oil Country Tubular Goods from India and the Republic of Turkey: Countervailing Duty Orders and Amended Affirmative Final Countervailing Duty Determination for India , 79 FR 53688 (September 10, 2014) ( Order ).

2 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews , 88 FR 78298 (November 15, 2023) ( Initiation Notice ).

3 ? See Memorandum, "Companies to be Reviewed," dated December 18, 2024.

4 ? See Memorandum, "Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review," dated May 21, 2024.

5 ? See Memorandum, "Tolling of Deadline for Preliminary Results of Countervailing Duty Administrative Review," dated July 22, 2024.

For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 6 A list of topics discussed in the Preliminary Decision Memorandum is included in the Appendix I to this notice. 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 . In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx .

Footnotes:

6 ? See Memorandum, "Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review on Certain Oil Country Tubular Goods; 2022," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

Scope of the Order

The merchandise covered by the Order is OCTG. For a complete description of the scope of the Order , see the Preliminary Decision Memorandum.

Methodology

Commerce is 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 countervailable, we preliminarily 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). 7 For a full description of the methodology underlying our conclusions, see the Preliminary Determination Memorandum.

Footnotes:

7 ? 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.

Partial Rescission of Administrative Review

Commerce may rescind an administrative review of a CVD order when no reviewable entries of subject merchandise exist during the POR for which liquidation is suspended, pursuant to 19 CFR 351.213(d)(3). 8 Normally, upon completion of an administrative review, suspended entries are liquidated at the CVD assessment rate calculated for the review period. 9 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the CVD assessment rate calculated for the POR. 10

Footnotes:

8 ? See, e.g., Lightweight Thermal Paper from the People's Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2017 , 84 FR 14650 (April 11, 2019).

9 ? See 19 CFR 351.212(b)(2).

10 ? See 19 CFR 351.213(d)(3).

Based on our analysis of U.S. Customs and Border Protection (CBP) data, we determine that 10 companies had no entries of subject merchandise during the POR. On September 24, 2024, we notified interested parties of our intent to rescind the administrative review with respect to 10 companies because there are no reviewable entries. 11 No parties commented on the notification of intent to rescind, in part. Pursuant to 19 CFR 351.213(d)(3), we are rescinding the administrative review of these companies. For a list of these companies with no reviewable suspended entries of subject merchandise, see Appendix II.

Footnotes:

11 ? See Memorandum, "Intent to Rescind review, in Part," dated September 24, 2024.

Preliminary Results of Review

We preliminarily find that the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022:? 12

Footnotes:

12 ?We preliminarily cumulated any subsidy benefits received by Yücelboru Ihracat Ithalat ve Pazarlama A.S. with those received by Cayirova, pursuant to 19 CFR 351.525(c). See Preliminary Decision Memorandum at 5-6.


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Company Subsidy rate (percent ad valorem )
Borusan Mannesmann Boru Sanayi ve Ticaret A.S 1.01
Cayirova Boru Sanayi ve Ticaret A.S 1.55

Disclosure and Public Comment

Commerce intends to disclose the calculations and analysis performed to interested parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). 13

Footnotes:

13 ? See 19 CFR 351.224(b).

Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice. 14 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the date for filing case briefs. 15 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a table of contents listing each issue; and (2) a table of authorities. 16

Footnotes:

14 ? See 19 CFR 351.309(c)(1)(ii).

15 ? See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings , 88 FR 67069, 67077 (September 29, 2023) ( APO and Service Final Rule ).

16 ? See 19 351.309(c)(2) and (d)(2).

As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. 17 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 18

Footnotes:

17 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.

18 ? See APO and Service Final Rule .

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. 19 Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date and time of the hearing.

Footnotes:

19 ? See 19 CFR 351.310(c).

Assessment Rates

In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.221(b)(4)(i), we preliminarily assigned subsidy rates in the amounts shown above for the producers/exporters shown above. Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review.

For the companies for which this review is rescinded with these preliminary results, we will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2022, through December 31, 2022, in accordance with 19 CFR 351.212(c)(l)(i). For the companies remaining in the review, we intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).

Cash Deposit Requirements

In accordance with section 751(a)(2)(C) of the Act, Commerce intends upon publication of the final results, to instruct U.S. Customs and Border Protection (CBP) to collect cash deposits of the estimated countervailing duties in the amounts calculated in the final results of this review for the respective companies listed above 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. If the rate calculated in the final results is zero or de minimis , no cash deposit will be required on shipments of the 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, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

Final Results

Unless extended, we intend to issue the final results of this administrative review, which will include the results of our analysis of the issues raised in the case briefs, within 120 days of the date of publication of these preliminary results in the Federal Register , pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

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 351.213 and 351.221(b)(4).

Dated: October 3, 2024.

Ryan Majerus,

Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Rescission of Administrative Review, in Part

V. Subsidies Valuation Information

VI. Analysis of Programs

VII. Recommendation

Appendix II

Companies for Which the Review Is Being Rescinded


[top] 1. Bakir Grup Makine Imalat Bakim Montaj Demontaj Sanayi ve Ticaret Ltd. Sti. page 81886

2. Hatboru San ve Tic A.S.

3. Hydra Insaat Sanayi ve Ticaret Anonim Sirketi

4. Kalibre Boru Sanayi ve Ticaret

5. KALTEK Machinery & Trading Ltd. Co.

6. Milfit Boru ve Baglanti Elemenlari Sanayi ve Tic. A.S.

7. NETBORU San. Ve Dis. Tic. Koll. Sti.

8.Organize Sanayi Bolgesi

9.Umran Celik Boru Sanayi A.S.

10. Yilmaz Pipo

[FR Doc. 2024-23382 Filed 10-8-24; 8:45 am]

BILLING CODE 3510-DS-P