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Turkey OCTG: Toscelik Exempt From CV Duties, Rates Amended for Other Companies in Amended Order

The Commerce Department is permanently exempting a Turkish company from countervailing duties on oil country tubular goods from Turkey (C-489-817), amending the CV duty order to implement a 2017 decision from the U.S. Court of Appeals for the Federal Circuit that caused the company’s rate from the original investigation to fall to zero. Effective March 3, 2016, the Toscelik group is no longer subject to CV duty suspension of liquidation or CV duty cash deposit requirements for OCTG from Turkey. The exemption will remain in place indefinitely, though Toscelik could again become subject to CV duties if Commerce conducts a changed circumstances review or another investigation on OCTG from Turkey.

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The Toscelik group includes the affiliated companies Tosyali Dis Ticaret A.S, Tosçelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and Tosyali Holding A.S. Despite the partial revocation for Toscelik of CV duties on OCTG from Turkey, the company remains subject to the AD duty order on the same product and entries of OCTG from Toscelik may still be subject to suspension of liquidation and cash deposit requirements for AD duty purposes.

Also as a result of the court decision, Commerce is amending CV duty rates for Borusan and “all other” Turkish companies (i.e., all except Borusan and Toscelik). Changes to cash deposit requirements take effect March 3, 2016, as follows:

Exporter/ProducerCV Rate
Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan Holding A.S.2.39%
All Others2.39%

(See 14090813 for a summary of the original CV duty order.)

(Federal Register 10/05/17)