[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38131-38134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13968]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Welded Carbon Steel Standard Pipe and Tube Products From Turkey: 
Preliminary Results of Antidumping Duty Administrative Review, and 
Partial Rescission of Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: In response to a request by interested parties,\1\ the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on welded carbon steel standard 
pipe and tube products (welded pipe and tube) from Turkey.\2\ The 
period of review (POR) is May 1, 2014, to April 30, 2015. \3\ The

[[Page 38132]]

Department preliminarily determines that Toscelik made U.S. sales of 
subject merchandise below normal value (NV) while Borusan did not make 
sales of subject merchandise below NV. In addition, the Department 
preliminarily finds that Erbosan and the Yucel Group had no reviewable 
shipments during the POR. The preliminary results are listed below in 
the section titled ``Preliminary Results of Review.'' Interested 
parties are invited to comment on the preliminary results of this 
review.
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    \1\ Wheatland Tube Company, Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S., and Borusan Istikbal Ticaret requested the instant 
administrative review.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 37588 (July 1, 2015) (Initiation 
Notice). The Department subsequently published a second initiation 
notice to correct the spelling of two company names in that notice. 
See Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 80 FR 45947 (August 3, 2015).
    \3\ This review covers the following companies: Borusan Istikbal 
Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. 
(collectively, Borusan); Toscelik Profil ve Sac Endustrisi A.S. and 
Tosyali Dis Ticaret A.S. (collectively, Toscelik); Toscelik Metal 
Ticaret A.S. (Toscelik Metal);1 Borusan Birlesik Boru Fabrikalari 
San ve Tic (Borusan Birlesik); Borusan Gemlik Boru Tesisleri A.S. 
(Borusan Gemlik); Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan 
Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan Ithicat); Tubeco 
Pipe and Steel Corporation (Tubeco); Erbosan Erciyas Boru Sanayi ve 
Ticaret A.S. (Erbosan); and Yucel Boru ve Profil Endustrisi A.S., 
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru 
Sanayi ve Ticaret A.S. (collectively, the Yucel Group).
    We note that in prior segments of this proceeding, we treated 
Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., 
and Toscelik Metal as the same legal entity. See, e.g., Welded 
Carbon Steel Standard Pipe and Tube Products From Turkey: Final 
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 
71087, 71088 n.8 (December 1, 2014). However, in a prior review, we 
found that Toscelik Metal has ceased to exist. Id. There is no 
record evidence for altering this treatment. Therefore, for these 
preliminary results, we are treating Toscelik and Tosyali as the 
same legal entity, and continue to find that Toscelik Metal no 
longer exists. Additionally we note that in prior segments of this 
proceeding, we treated Borusan Mannesmann Boru Sanayi ve Ticaret 
A.S. and Borusan Istikbal Ticaret T.A.S. as the same legal entity. 
See, e.g., Welded Carbon Steel Standard Pipe and Tube Products From 
Turkey: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2013-2014, 80 FR 76674, 76674 
n.2 (December 10, 2015). We preliminarily determine that there is no 
evidence on the record for altering our treatment of Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret 
T.A.S., as the same legal entity. Finally, as noted above, we 
initiated a review of (1) Borusan Birlesik; (2) Borusan Gemlik, (3) 
Borusan Ihracat, (4) Borusan Ithicat, and (5) Tubeco. See Initiation 
Notice. Although the Department may have treated these companies as 
part of a ``Borusan Group'' entity in prior segments, the current 
record does not support treating these companies as part of the 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal 
Ticaret T.A.S. entity. Accordingly, as discussed infra, each of 
these five companies will be assigned the rate applicable to 
companies not selected for individual examination in this review.

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DATES: Effective Date: June 13, 2016.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, Scott Hoefke, or 
Robert James at (202) 482-4475, (202) 482-4947, or (202) 482-0649, 
respectively; AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is welded pipe and tube. The 
welded pipe and tube subject to the order is currently classifiable 
under subheading 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheading is provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the memorandum 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Welded Carbon Steel 
Standard Pipe and Tube Products from Turkey; 2013-2014 Administrative 
Review'' (Preliminary Decision Memorandum), which is hereby adopted by 
this notice. The written description of the scope of the order is 
dispositive.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
NV is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 and is available to all 
parties in the Central Records Unit, room B-8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as the Appendix to this 
notice.

Preliminary Determination of No Shipments

    On July 2, 2015 and July 17, 2015, Erbosan and the Yucel Group, 
respectively, submitted letters to the Department certifying that they 
had no sales, shipments, or entries of the subject merchandise to the 
United States during the POR. \4\ Erbosan further certified that it did 
not know or have reason to know that any of its customers would 
subsequently export or sell Erbosan's merchandise to the United States 
during the POR. On August 11, 2015, consistent with our practice, the 
Department issued ``No Shipment Inquiries'' to U.S. Customs and Border 
Protection (CBP) to confirm that there were no entries of welded pipe 
and tube from Turkey exported by either Erbosan or Yucel Group during 
the POR.\5\ We received no information from CBP that contradicted the 
Yucel Group's no shipment claim.
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    \4\ See Letter to the Department from Erbosan entitled ``No 
Shipment Certification of Erbosan Erciyas Boru Sanayi ve Ticaret 
A.S. (``ERBOSAN'') in the 2013-2014 Administrative Review of the 
Antidumping Duty Order Involving Certain Welded Carbon Steel 
Standard Pipe from Turkey,'' dated July 2, 2015; see also Letter to 
the Department from Yucel Group entitled ``Welded Carbon Steel Pipe 
& Tube Products from Turkey: Notification of No Shipments'' dated 
July 17, 2015.
    \5\ See Customs email message number 5223304, dated August 11, 
2015 (Erbosan); see also Customs email message number 5223305, dated 
August 11, 2015 (Yucel Group).
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    The Department did however, receive information from CBP indicating 
possible shipments from Erbosan. As further discussed in the 
Preliminary Decision Memo, subsequent to these Preliminary Resuls, we 
intend to solicit comments from interested parties concerning Erbosan's 
no shipment claim.\6\
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    \6\ See Preliminary Decision Memorandum at 4.
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    Based the foregoing, we preliminarily determine that Erbosan and 
Yucel Group had no reviewable shipments during the POR. Also, 
consistent with our practice, the Department finds that it is not 
appropriate to rescind the review with respect to Erbosan or the Yucel 
Group, but rather to complete the review with respect to both Erbosan 
and the Yucel Group, and to issue appropriate instructions to CBP based 
on the final results of this review.\7\ Thus, if we continue to find 
that Erbosan and Yucel Group had no shipments of subject merchandise in 
the final results, we will instruct CBP to liquidate any existing 
entries of merchandise produced by Erbosan or Yucel Group, but exported 
by other parties, at the rate for the intermediate reseller, if 
available, or at the all-others rate.\8\
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954
    (May 6, 2003).
    \8\ See, 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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Rates for Non-Examined Companies

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy

[[Page 38133]]

investigation, for guidance when calculating the rate for companies 
which were not selected for individual review 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} .''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for Toscelik that is not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, the Department 
preliminarily assigned to the companies not individually examined 
(Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, 
and Tubeco) the 0.96 percent weighted-average dumping margin calculated 
for Toscelik.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margins for the period May 1, 2014 through 
April 30, 2015 are as follows:
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    \9\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote 
4.
    \10\ Also includes Tosyali Dis Ticaret A.S. See footnote 3.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S \9\...........        0.00
Toscelik Profil ve Sac Endustrisi A.S \10\..................        0.96
Borusan Birlesik Boru Fabrikalari San ve Tic................        0.96
Borusan Gemlik Boru Tesisleri A.S...........................        0.96
Borusan Ihracat Ithalat ve Dagitim A.S......................        0.96
Borusan Ithicat ve Dagitim A.S..............................        0.96
Tubeco Pipe and Steel Corporation...........................        0.96
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\11\ 
Interested parties may submit cases briefs no later than 30 days after 
the date of publication of this notice.\12\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the due date for filing case briefs.\13\ 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.\14\ Case and rebuttal 
briefs should be filed using ACCESS.\15\ In order to be properly filed, 
ACCESS must successfully receive an electronically-filed document in 
its entirety by 5 p.m. Eastern Time.
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, within 30 days after the date of publication of this 
notice.\16\ Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs.
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    \16\ See 19 CFR 351.310(c).
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    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in any written briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
    If Borusan's or Toscelik's weighted-average dumping margins are not 
zero or de minimis (i.e., less than 0.5 percent) in the final results 
of this review, we will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of the sales 
in accordance with 19 CFR 351.212(b)(1). Where either a respondent's 
weighted-average dumping margin is zero or de minimis, 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 which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rate for Non-Examined Companies'' section, above.
    With respect to Erbosan and Yucel Group, if we continue to find 
that Erbosan and Yucel Group had no shipments of subject merchandise in 
the final results, we will instruct CBP to liquidate any existing 
entries of merchandise produced by Erbosan or Yucel Group, but exported 
by other parties, at the rate for the intermediate reseller, if 
available, or at the all-others rate.\17\
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    \17\ See, 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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Cash Deposit Requirements

    The following cash 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 Borusan and 
Toscelik will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), in which 
case the cash deposit rate will be zero; (2) for other manufacturers 
and exporters 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 
that 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, then the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 14.74 percent, the all-others rate 
established in the LTFV investigation.\18\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \18\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986).

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[[Page 38134]]

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Rates for Non Examined Companies
6. Comparisons to Normal Value
7. Product Comparisons
8. Date of Sale
9. Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation

[FR Doc. 2016-13968 Filed 6-10-16; 8:45 am]
 BILLING CODE 3510-DS-P