Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018
| Citation | 84 FR 64455 |
| Record Number | 2019-25376 |
| Published date | 22 November 2019 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 84 Issue 226 (Friday, November 22, 2019)
[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64455-64457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25376]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-824]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes 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 determine
that Noksel Celik Boru Sanayi A.S. (Noksel), a producer and/or exporter
of heavy walled rectangular welded carbon steel pipes and tubes (HWR
pipes and tubes) from the Republic of Turkey (Turkey), sold subject
merchandise in the United States at prices below normal value (NV)
during the period of review (POR) September 1, 2017 through August 31,
2018. We also determine that Cinar Boru Profil San Ve Tic A.S. (Cinar
Boru) had no shipments of HWR pipes and tubes during the POR. Based on
an analysis of the comments received, we have not made changes to the
weighted-average dumping margins listed in the ``Final Results of
Review'' section below.
DATES: Applicable November 22, 2019.
FOR FURTHER INFORMATION CONTACT: William Horn or Alexis Cherry, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4868 or (202)
482-0607, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on July 19, 2019.\1\ For
events subsequent to the Preliminary Results, see Commerce's Issues and
Decision Memorandum.\2\
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\1\ See 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 Shipments; 2017-2018, 84 FR 34863 (July 19, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey: Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2017-
2018,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order
The products covered by the order are HWR pipes and tubes from
Turkey. A full description of the scope of the order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
The issues raised by the petitioners in their case brief are
addressed in the Issues and Decision Memorandum.\3\ A list of topics
included in the Issues and Decision Memorandum is attached as an
Appendix to this notice. The Issues and 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 and in the Central Records Unit, room B8024 of the
main Commerce building. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly on the internet at
http://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and
[[Page 64456]]
Decision Memorandum are identical in content.
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\3\ The petitioners were the only party which filed a case brief
in this administrative review.
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Application of Adverse Facts Available
For these final results, we continue to find that Noksel withheld
necessary information requested by Commerce, failed to provide
information to Commerce by the required deadline, and significantly
impeded the proceeding. Further, we continue to find that because
Noksel received Commerce's questionnaire but did not respond to our
request for information, Noksel failed to cooperate to the best of its
ability. Therefore, we continue to find that the application of adverse
facts available, pursuant to sections 776(a) and (b) of the Act, is
warranted with respect to Noksel.
Final Determination of No Shipments
In the Preliminary Results, we found that Cinar Boru \4\ made no
shipments of the subject merchandise to the United States during the
POR. Also, in the Preliminary Results, we stated that consistent with
our practice, it was not appropriate to rescind the review with respect
to Cinar Boru, but rather to complete the review and issue appropriate
instructions to U.S. Customs and Border Protection (CBP) based on the
final results of this review.\5\
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\4\ Commerce initiated a review of Cinar Boru Profil San Ve Tic
Stl. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018). However,
the company has identified itself as Cinar Boru Profil San Ve Tic
A.S. in its letters to Commerce. See, e.g., Cinar Boru's Letter,
``Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Turkey (A-489-824),'' dated March 14, 2019 (Cinar Boru's No Shipment
Letter). Commerce is hereby using Cinar Boru's spelling of its name.
\5\ See Preliminary Results, 84 FR at 34863-64; see also, e.g.,
Magnesium Metal from the Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13,
2010), unchanged in Magnesium Metal from the Russian Federation:
Final Results of Antidumping Duty Administrative Review, 75 FR 56989
(September 17, 2010).
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After issuing the Preliminary Results, we received no information
that contradicted our preliminary results. Therefore, for these final
results, we continue to find that Cinar Boru made no shipments of
subject merchandise during the POR. See the Issues and Decision
Memorandum for further discussion.
Rate for AFA and Non-Selected Companies
For these final results, we continue to assign to Noksel as AFA the
highest rate on the record of this proceeding. We will also apply to
the non-selected companies the dumping margin that we are applying to
Noksel in this administrative review.\6\ As discussed in the
Preliminary Results, Commerce's practice in calculating a rate for non-
selected companies has been to look to section 735(c)(5) of the Act for
guidance. In particular, section 735(c)(5)(B) of the Act provides that
where all rates are zero, de minimis, or based entirely on facts
available, Commerce may use ``any reasonable method'' for assigning the
rate to the non-selected companies. In this review, the rate assigned
to Noksel is the only rate determined for an individual respondent.
Thus, in accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\7\ we continue
to find that a reasonable method for determining the rate for the non-
selected companies is to use the dumping margin applied to Noksel in
this review.\8\
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\6\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2015-2016, 83 FR 17527 (April 20, 2018), and
accompanying Issues and Decision Memorandum at Comment 4.
\7\ See Ablemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
\8\ See PDM at 7-8.
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Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Agir Haddecilik A.S......................................... 35.66
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul.... 35.66
Noksel Celik Boru Sanayi A.S................................ 35.66
Ozdemir Boru Profil San. ve Tic. Ltd. Sti \9\............... 35.66
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Assessment Rates
Commerce has determined, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
these final results of review.\10\ Pursuant to section 776(a) and (b)
of the Act, because Commerce has applied AFA to Noksel, we will
instruct CBP to apply the rate of 35.66 percent to Noksel's suspended
entries of the subject merchandise for the POR. For the companies that
were not selected for individual examination, we used as the assessment
rate the cash deposit rate assigned to Noksel. Because we determined
that Cinar Boru had no shipments of the subject merchandise, for
entries of subject merchandise during the POR produced, but not
exported by, Cinar Boru, we will instruct CBP to liquidate any entries
at the all-others rate (i.e., 17.73 percent) if there is no rate for
the intermediate company(ies) involved in the transaction.\11\
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\9\ This rate only applies to subject merchandise that was not
both exported and produced by Ozdemir Boru Profil San. ve Tic. Ltd.
Sti.
\10\ See 19 CFR 351.212(b).
\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
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 rates for each specific
company listed above will be the weighted-average dumping margins
established in the final results of this administrative review; (2) for
merchandise exported by manufacturers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which the
manufacturer or exporter participated; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recently
completed segment of the proceeding for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 17.73 percent ad valorem, the all-
others rate established in the LTFV investigation.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes From the Republic of Turkey: Final Determination of Sales at
Less Than Fair Value, 81 FR 47355 (July 21, 2016).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also 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
[[Page 64457]]
antidumping duties prior to liquidation of the relevant entries during
the POR. 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 Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue: Certification of No Shipments
V. Recommendation
[FR Doc. 2019-25376 Filed 11-21-19; 8:45 am]
BILLING CODE 3510-DS-P
