Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
| Published date | 17 August 2021 |
| Citation | 86 FR 45957 |
| Record Number | 2021-17529 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)
[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 45957-45959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17529]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 17, 2021.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on circular welded carbon steel standard pipe and tube
products (welded pipe and tube) from Turkey. The period of review (POR)
is May 1, 2019, through April 30, 2020. Commerce published the notice
of initiation of this administrative review on July 10, 2020.\1\ The
preliminary results are listed below in the section titled
``Preliminary Results of Review.''
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020) (Initiation
Notice).
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This review covers 20 companies. The sole mandatory respondent in
this administrative review is Borusan Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan Mannesmann) and Borusan Istikbal Ticaret T.A.S.
(Istikbal) (collectively, Borusan).\2\ On March 25, 2021, we extended
the deadline for the preliminary results by 120 days to July 30,
2021.\3\ For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\4\ A list of the topics discussed in the Preliminary
Decision Memorandum is attached as 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 http://enforcement.trade.gov/frn/.
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\2\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products
from Turkey: Respondent Selection,'' dated September 22, 2020.
\3\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Extension of Deadline for Preliminary Results
of Antidumping Duty Administrative Review,'' dated March 25, 2021.
\4\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Circular Welded
Carbon Steel Standard Pipe and Tube Products from Turkey; 2019-
2020'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is circular welded carbon
steel standard pipe and tube products. For a complete description of
the scope of the order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act.
Preliminary Determination of No Shipments
Between June 3, and August 14, 2021, 14 companies timely submitted
letters to Commerce certifying that they had no sales, shipments, or
entries of the subject merchandise to the United States during the
POR.\5\
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\5\ See Toscelik's Letter, ``Circular Welded Carbon Steel Pipe
from Turkey; Toscelik No Shipments Letter,'' dated June 3, 2020, see
also Yucel's Letter, ``Circular Welded Carbon Steel Pipe from
Turkey; Yucel No Shipments Letter,'' dated June 3, 2020; Yucel's
Letter, ``Circular Welded Carbon Steel Pipe from Turkey; Comments
Regarding No-Shipment Letters,'' dated September 22, 2020; Cinar
Boru Profil Sanayi ve Ticaret Anonim Sirketi's Letter, ``Circular
Welded Carbon Steel Pipes and Tubes from Turkey (A-489-501),'' dated
June 19, 2020; Erbosan Erciya Boru Sanayi ve Ticaret A.S.'s Letter,
``No Shipment Certification of Erbosan Erciyas Boru Sanayi ve
Ticaret A.S. (``ERBOSAN'') in the 2019-2020 Administrative Review of
the Antidumping Duty Order Involving Certain Welded Carbon Steel
Standard Pipe from Turkey,'' dated July 9, 2020; Borusan's Letter,
``Circular Welded Carbon Steel Pipes and Tubes from Turkey, Case No.
A-489-501: No Shipments Letter,'' August 14, 2020.
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With respect to Istikbal, one of the companies that certified no
shipment during the POR, we continue to find Istikbal to be part of the
single entity, Borusan, and we find no record evidence that warrants
altering this treatment. Therefore, because we find that Borusan had
shipments during this POR, we have not made a preliminary determination
of no shipments with respect to Istikbal.
With respect to the remaining 13 companies that certified no
shipment, U.S. Customs and Border Protection (CBP) did not have any
information to contradict these claims of no shipment
[[Page 45958]]
during the POR.\6\ Therefore, we preliminarily determine that the
companies listed in Appendix II did not have shipments of subject
merchandise during the POR. Consistent with our practice,\7\ Commerce
finds that it is not appropriate to rescind the review with respect to
these 13 companies but, rather, to complete the review and issue
appropriate instructions to CBP based on the final results of this
review.
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\6\ See Preliminary Decision Memorandum; see also Memorandum,
``Welded Carbon Steel Standard Pipe and Tube Products from Turkey:
U.S. Customs and Border Protection Information for 2019-2020 Review
Period,'' dated August 12, 2020.
\7\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipment; 2017-2018, 84 FR 34863 (July 19, 2019), and
accompanying Preliminary Decision Memorandum at 4; see also Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the
``Assessment Rates'' section, below, and Certain Frozen Warmwater
Shrimp from Thailand; Preliminary Results of Antidumping Duty
Administrative Review, Partial Rescission of Review, Preliminary
Determination of No Shipments; 2012-2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater Shrimp from
Thailand: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Partial Rescission of
Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).
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Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies 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 market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination 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.
Five companies, Borusan Holding, Borusan Mannesmann Yatirim Holding
(Borusan Yatirim), Kale Baglann Teknolojileri San. ve Tic. A.S. (Kale
Baglann), Kale Baglanti Teknolojileri San. ve Tic. A.S. (Kale
Baglanti), and Noksel Celik Boru Sanayi A.S. (Noksel Celik) remain
subject to this administrative review because none of these five
companies: (1) Was selected as a mandatory respondent; \8\ (2) was the
subject of a withdrawal of request for review; (3) requested to
participate as a voluntary respondent; or (4) submitted a claim of no
shipments. As such, these five companies remain as unexamined
respondents.
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\8\ See Respondent Selection Memorandum.
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Preliminary Results of Review
As a result of this review, we calculated a weighted-average
dumping margin of 26.22 percent for Borusan for the period May 1, 2019,
through April 30, 2020. We assigned 26.22 percent, the weighted-average
dumping margin of the mandatory respondent Borusan to the five non-
selected companies in these preliminary results, as referenced below.
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\9\ This rate is based on the rate calculated for Borusan.
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Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 26.22
Istikbal Ticaret T.A.S.................................
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Review-Specific Average Rate Applicable to the Following Companies \9\
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Borusan Holding......................................... 26.22
Borusan Mannesmann Yatirim Holding...................... 26.22
Kale Baglanti Teknolojileri San. ve Tic. A.S............ 26.22
Kale Baglann Teknolojileri San. Ve Tic. A.S............. 26.22
Noksel Celik Boru Sanayi A.S............................ 26.22
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\10\ The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\11\ Commerce intends 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).
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\10\ 19 CFR 351.212(b)(1).
\11\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate an importer-specific ad valorem duty assessment rate based on
the ratio of the total amount of dumping calculated for the U.S. sales
for a given importer to the total entered value of those sales. Where a
mandatory respondent did not report entered value, we calculate the
entered value in order to calculate the assessment rate. Where either
the respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For the companies that were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem rate equal to each company's weighted-average dumping margin
determined in the final results of this review.
For entries of subject merchandise during the POR produced by
Borusan for which it did not know that its merchandise was destined for
the United States and for all entries
[[Page 45959]]
attributed to companies that we find had no shipments during the POR,
we will instruct CBP to liquidate such unreviewed entries pursuant to
the reseller policy,\12\ i.e., the assessment rate for such entries
will be equal to the all-others rate established in the investigation
(i.e., 14.74 percent ad valorem),\13\ if there is no rate for the
intermediate company(ies) involved in the transaction.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\13\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the 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) The cash deposit rate for each specific
company listed above will be equal to each company's weighted-average
dumping margin established in the final results of this review, (except
if the ad valorem rate is de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero); (2)
for previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the completed segment for the most recent POR for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 14.74 percent, the all-others rate
established in the underlying investigation.\14\
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\14\ Id.
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\15\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\16\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue, (2) a brief summary of the argument, and (3) a table of
authorities.\17\ Executive summaries should be limited to five pages
total, including footnotes.\18\ Case and rebuttal briefs should be
filed using ACCESS and must be served on interested parties.\19\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\20\
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\15\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\16\ See 19 CFR 351.309(d)(1).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ Id.
\19\ See 19 CFR 351.303.
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), any interested party who wishes to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Hearing requests should contain: (1) The party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. Issues raised in the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined.\21\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\21\ See 19 CFR 351.310(c).
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An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within
30 days after the date of publication of this notice.\22\
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\22\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 30, 2021.
Christian Marsh,
Acting 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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
A. Comparison of Normal Value
B. Level of Trade
C. Affiliated Party and Arm's-Length Test
D. Cost of Production Analysis
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Companies With No Shipments During the Period of Review
1. Toscelik Profil ve Sac Endustrisi A.S.
2. Tosyali Dis Ticaret A.S.
3. Toscelik Metal Ticaret A.S.
4. Cayirova Boru Sanayi ve Ticaret A.S.
5. Yucel Boru ve Profil Endustrisi A.S.
6. Yucelboru Ihracat ve Pazarlama A.S.
7. Cinar Boru Profil San Ve Tic. AS
8. Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
9. Borusan Birlesik Boru Fabrikalari San ve Tic
10. Borusan Gemlik Boru Tesisleri A.S.
11. Borusan Ihracat Ithalat ve Dagitim A.S.
12. Tubeco Pipe and Steel Corporation
13. Borusan Ithicat ve Dagitim A.S.
[FR Doc. 2021-17529 Filed 8-16-21; 8:45 am]
BILLING CODE 3510-DS-P
