[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63098-63100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22052]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-826]
Certain Hot-Rolled Steel Flat Products From the Republic of
Turkey: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
Eregli Demir ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel
Works Co. (collectively, Erdemir Group) had no shipments of certain
hot-rolled steel flat products (hot-rolled steel) from the Republic of
Turkey (Turkey) to the United States during the period of review (POR),
October 1, 2017 through September 30, 2018. Additionally, Commerce
continues to determine that certain non-examined producers and
exporters made sales of hot-rolled steel to the United States at prices
below normal value (NV) during the POR.
DATES: Applicable October 6, 2020.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
[[Page 63099]]
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
On October 3, 2016, Commerce published an antidumping duty order on
hot-rolled steel from Turkey.\1\ Commerce published the Preliminary
Results of the 2017-18 administrative review of the Order on December
17, 2019.\2\ We preliminarily determined that the sole mandatory
respondent, Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S.
(collectively, Colakoglu), sold subject merchandise in the United
States at prices below NV, and that the Erdemir Group made no shipments
of subject merchandise to the United States during the POR.\3\
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\1\ 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) (Order).
\2\ See Certain Hot-Rolled Steel Flat Products from Republic of
Turkey: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2017-2018, 84
FR 68878 (December 17, 2019) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\3\ Id.
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On January 16, 2020, Colakoglu filed a case brief.\4\ On January
21, 2020, ArcelorMittal USA LLC (the petitioner) filed a rebuttal
brief.\5\
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\4\ See Colakoglu's Letter, ``Colakoglu's Case Brief,'' dated
January 16, 2020.
\5\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief
Regarding Colakoglu,'' dated January 21, 2020.
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On April 9, 2020, we extended the time limit for the final results
of this review from 120 days to 178 days after publication of the
Preliminary Results.\6\ On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days.\7\ Subsequently, on
July 21, 2020, Commerce tolled all deadlines in administrative reviews
by an additional 60 days.\8\ The deadline for the final results of this
review is now September 30, 2020.
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\6\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Turkey: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review; 2017-2018,'' dated April
9, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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On May 15, 2020, Commerce discontinued this administrative review
with respect to Colakoglu, based on the final judgment of the U.S.
Court of International Trade (CIT) in the litigation associated with
the underlying less-than-fair-value investigation.\9\
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\9\ On April 13, 2020, the CIT issued its final judgment
sustaining Commerce's final results of redetermination wherein
Colakoglu's estimated weighted-average dumping margin from the
underlying less-than-fair-value investigation changed from 6.77
percent to zero percent. See Eregli Demir ve Celik Fabrikalari T.A.S
v. United States, 435 F. Supp. 3d 1378 (CIT 2020). Therefore, we
excluded Colakoglu from the Order and discontinued this review of
Colakoglu during the pendency of the appeals process. See Certain
Hot-Rolled Steel Flat Products from Turkey: Notice of Court Decision
Not in Harmony with the Amended Final Determination in the Less-
Than-Fair-Value Investigation; Notice of Amended Final
Determination, Amended Antidumping Duty Order, Notice of Revocation
of Antidumping Duty Order in Part; and Discontinuation of the 2017-
18 and 2018-19 Antidumping Duty Administrative Reviews, in Part, 85
FR 29399 (May 15, 2020) (Amended Final Determination and Amended
Order).
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The ``Final Results of the Review'' section lists the companies
covered by these final results. Commerce conducted this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The merchandise covered by the order is certain hot-rolled steel
flat products from Turkey. For a complete description of the scope of
this order, see the Preliminary Results.
Analysis of Comments Received
Colakoglu was the sole mandatory respondent in this administrative
review, and all issues raised in Colakoglu's case brief and the
petitioner's rebuttal brief relate to Colakoglu. Because Commerce
discontinued this administrative review with respect to Colakoglu,
effective April 23, 2020, we have not considered the issues raised in
parties' briefs for these final results, and therefore there is no
accompanying Issues and Decision Memorandum.
Changes Since the Preliminary Results
Because this review has been discontinued with respect to
Colakoglu, we have not calculated a weighted-average dumping margin for
these final results. Therefore, the weighted-average dumping margin
determined for each of the non-examined companies is 2.73 percent from
the Amended Final Determination and Amended Order.
Final Determination of No Shipments
In the Preliminary Results, we determined that Erdemir Group had no
shipments.\10\ We received no comments with respect to this preliminary
determination. As there is no record evidence which would call into
question the Preliminary Results, we continue to find that the Erdemir
Group had no shipments of subject merchandise during the POR.
Consistent with our practice, we intend to instruct U.S. Customs and
Border Protection (CBP) to liquidate any existing entries of subject
merchandise associated with the Erdemir Group consistent with
Commerce's reseller policy.\11\
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\10\ See Preliminary Results, 84 FR 68879, and accompanying PDM
at 6.
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Reseller Policy).
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Non-Examined Companies
The statute and Commerce's regulations do not address what rate to
apply to companies who are not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair-value (LTFV) investigation, for
guidance when calculating the rate for non-examined companies in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' However, section 735(c)(5)(B) of the
Act states that if the weighted-average dumping margins for all
individually examined companies are zero, de minimis or based entirely
on facts available, then Commerce may use ``any reasonable method'' for
assigning a rate to non-examined companies.
As a result of Colakoglu's exclusion from the Order after the
publication of the Preliminary Results, and no selection of another
company for individual examination, there is no calculated weighted-
average dumping margin in these final results which can be used to
determine the weighted-average dumping margin for the non-examined
companies. Further, after excluding Colakoglu, the only individually
calculated rate in any segment of this proceeding is the 2.73 percent
rate calculated for Erdemir Group in the LTFV investigation, and
assigned as the all-others rate in the Amended Final Determination and
[[Page 63100]]
Amended Order.\12\ Therefore, we have assigned the 2.73 percent rate
for Erdemir Group and all other producers and exporters as the
weighted-average dumping margin for the non-examined companies in this
administrative review.
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\12\ See Amended Final Determination and Amended Order, 85 FR at
29400.
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Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the period October 1, 2017 through September 30,
2018:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
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Agir Haddecilik A.S......................................... 2.73
Cag Celik Demir ve Celik.................................... 2.73
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.................. 2.73
Habas Industrial and Medical Gases Production Industries Inc 2.73
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi............. 2.73
MMK Atakas Metalurji........................................ 2.73
Ozkan Iron and Steel Ind.................................... 2.73
Seametal San ve Dis Tic..................................... 2.73
Tosyali Holding (Toscelik Profile and Sheet Ind. Co., 2.73
Toscelik Profil ve Sac)....................................
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Disclosure
Commerce made no calculations as part of these final results.
Consequently, there is no information to disclose to parties as a
result of these final results of review.
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this administrative review. Commerce intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of this administrative review in the Federal
Register.
For the companies which were not selected for individual review,
where a company's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), we will instruct CBP to assess
antidumping duties for that company's entries of subject merchandise
during the POR at an ad valorem rate equal to the weighted-average
dumping margin determined for that company in the final results of this
review. For a company where the weighted-average dumping margin is zero
or de minimis, we will instruct CBP to liquidate that company's
suspended entries of subject merchandise without regard to antidumping
duties.
Because we continue to find that the Erdemir Group had no shipments
of subject merchandise during the POR, we will instruct CBP to
liquidate suspended entries of subject merchandise attributed to the
Erdemir Group at the all-others rate from the Amended Final
Determination and Amended Order if there is no rate for the
intermediate company(ies) involved in the transaction.\13\
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\13\ For a full discussion of this practice, see Reseller
Policy.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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) For the companies identified above in the Final Results of
Review section, the cash deposit rates will be equal to the company-
specific weighted-average dumping margin established in the final
results of this review, except that where the weighted-average dumping
margin is de minimis (i.e., less than 0.5 percent) the cash deposit
rate will be zero; (2) for previously reviewed or investigated
companies not participating in this administrative review, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding; (3) if the
exporter is not a firm covered in this review, a previous review, or
the underlying LTFV investigation, but the producer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will be 2.73 percent, the all-others rate established in the
Amended Final Determination and Amended Order. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)
and 19 CFR 351.221(b)(5).
Dated: September 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-22052 Filed 10-5-20; 8:45 am]
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