[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26053-26055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11666]



[[Page 26053]]

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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 
Preliminary Determination of No Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

SUMMARY: In response to a request by interested parties, 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. The period of review 
(POR) is May 1, 2015, to April 30, 2016. This review covers 14 
companies. The preliminary results are listed below in the section 
titled ``Preliminary Results of Review.'' Interested parties are 
invited to comment on these preliminary results.

DATES: Effective June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Chelsey Simonovich; AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: 202-482-2924 or 202-482-
1979, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the notice of initiation of this 
administrative review \1\ on July 7, 2016.\2\ This review covers 14 
companies: Borusan Istikbal Ticaret T.A.S. (Borusan Istikbal) and 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann) 
(collectively, Borusan); \3\ Toscelik Profil ve Sac Endustrisi A.S., 
Tosyali Dis Ticaret A.S., and Toscelik Metal Ticaret A.S. (Toscelik 
Metal) (collectively, Toscelik); \4\ 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).
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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, 81 FR 44265 (July 7, 2016) (Initiation 
Notice); see also Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 53122 (August 11, 2016).
    \3\ In prior segments of this proceeding, we treated Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret 
T.A.S. as a single 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) (Welded Pipe 
and Tube from Turkey 2013-2014). 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 a single entity. The record does not support 
treating the following companies as part of the Borusan Mannesmann 
Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S. entity: 
(1) Borusan Birlesik; (2) Borusan Gemlik; (3) Borusan Ihracat; (4) 
Borusan Ithicat; and (5)Tubeco. 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.
    \4\ In prior segments of this proceeding, we treated Toscelik 
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and 
Toscelik Metal as a single entity. See, e.g., Welded Pipe and Tube 
from Turkey 2013-2014. We preliminarily determine that there is no 
evidence on the record for altering our treatment of Toscelik Profil 
ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Tosceilk Metal 
as a single entity. The petitioners requested a review of Toscelik 
Metal, and there has been no withdrawal of that request. Therefore, 
Toscelik Metal will be reviewed as part of the single entity 
Toscelik.
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    On May 11, 2017, the Department extended the deadline for issuing 
its preliminary results of this administrative review to May 31, 
2017.\5\ For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\6\ A list of topics included in the Preliminary Decision 
Memorandum is included as an Appendix 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 https://access.trade.gov, and to all parties in the 
Central Records Unit, room B8024 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/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \5\ See Memorandum, ``Circular Welded Carbon Steel Standard Pipe 
and Tube Products from Turkey: Extension of Time Limit for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated May 11, 2017.
    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Welded Carbon 
Steel Standard Pipe and Tube Products from Turkey; 2015-2016'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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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 Preliminary 
Decision Memorandum.

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. 
Normal value 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.

Preliminary Determination of No Shipments

    On July 18, 2016, Erbosan submitted a letter to the Department 
certifying that it had no sales, shipments, or entries of the subject 
merchandise to the United States during the POR.\7\ 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 8, 2016, Borusan Istikbal, 
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and 
Tubeco submitted letters to the Department certifying that they each 
individually had no sales, shipments, or entries of the subject 
merchandise to the United States during the POR.\8\ On May 1, 2017, 
consistent

[[Page 26054]]

with our practice, the Department issued a ``No Shipment Inquiry'' to 
U.S. Customs and Border Protection (CBP) to confirm that there were no 
entries of welded pipe and tube from Turkey exported by Erbosan, 
Borusan Istikbal, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, or Tubeco during the POR.\9\ We received no 
information from CBP contrary to the claims ofthese companies.
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    \7\ See Letter from Erbosan, Re: No Shipment Certification of 
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. in the 2015-2016 
Administrative Review of the Antidumping Duty Order Involving 
Certain Welded Carbon Steel Standard Pipe from Turkey, dated July 
18, 2016.
    \8\ See Letter from Borusan Istikbal, Borusan Birlesik, Borusan 
Gemlik, Borusan Iharcat, Borusan Ithicat, and Tubeco, Re: Circular 
Welded Carbon Steel Pipes and Tubes from Turkey, Case No. A-489-501: 
No Shipment Letter, dated August 8, 2016.
    \9\ See CBP message number 7121305, dated May 1, 2017.
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    Based on the foregoing, we preliminarily determine that Erbosan, 
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and 
Tubeco each had no shipments during the POR. Also, consistent with our 
practice, the Department finds that it is not appropriate to rescind 
the review with respect to these six companies, but rather to complete 
the review with respect to them, and to issue appropriate instructions 
to CBP based on the final results of this review.\10\ Thus, if we 
continue to find that Erbosan, Borusan Birlesik, Borusan Gemlik, 
Borusan Ihracat, Borusan Ithicat, and Tubeco had no shipments of 
subject merchandise in the final results, we will instruct CBP to 
liquidate any existing entries of subject merchandise produced by them, 
but exported by other parties, at the rate for the intermediate 
reseller, if available, or at the all-others rate.\11\
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \11\ 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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    Furthermore, as noted above, Borusan Istikbal also submitted a no-
shipment certification on August 8, 2017. However, we continue to find 
Borusan Istikbal to be part of the single entity, Borusan, and we find 
no record evidence that warrants altering this treatment. Therefore, 
because we find Borusan to have had shipments during this POR, we have 
not made a preliminary determination of no-shipments with respect to 
Borusan Istikbal.

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 an 
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{time} ''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for Borusan 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 
(i.e., the Yucel Group) the 1.35 percent weighted-average dumping 
margin calculated for Borusan.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margins for the period May 1, 2015 through 
April 30, 2016 are as follows:

------------------------------------------------------------------------
                                                     Weighted-average
              Producer or exporter                    dumping margin
                                                        (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./                     1.35
 Borusan Istikbal Ticaret T.A.S................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali                      0.00
 Dis Ticaret A.S./Toscelik Metal Ticaret A.S...
Yucel Boru ve Profil Endustrisi A.S............                     1.35
Yucelboru Ihracat Ithalat ve Pazarlama A.S.....                     1.35
Cayirova Boru Sanayi ve Ticaret A.S............                     1.35
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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.\12\ 
Interested parties may submit cases briefs no later than 30 days after 
the date of publication of this notice.\13\ 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.\14\ 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.\15\ Case and rebuttal 
briefs should be filed using ACCESS.\16\
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ 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.\17\ 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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    \17\ See 19 CFR 351.310(c).
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    In order to be properly filed, all ACCESS submissions must 
successfully receive an electronically filed document in its entirety 
by 5 p.m. Eastern Time.
    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.

[[Page 26055]]

    If either Borusan's or Toscelik'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 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, Borusan Birlesik, Borusan Gemlik, Borusan 
Ihracat, Borusan Ithicat, and Tubeco, if we continue to find that these 
companies had no shipments of subject merchandise in the final results, 
we will instruct CBP to liquidate any existing entries of merchandise 
produced by these companies, but exported by other parties, at the rate 
for the intermediate reseller, if available, or at the all-others 
rate.\18\
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    \18\ 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 Toscelik will be 
zero, unless there is change in Toscelik's dumping margin in the final 
results of this review; (2) the cash deposit rate for Borusan 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; (3) 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; (4) 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 (5) 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.\19\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \19\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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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)(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.

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(1)(b)(4).

    Dated: May 31, 2017.
Ronald K. Lorentzen,
Acting 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. 2017-11666 Filed 6-5-17; 8:45 am]
 BILLING CODE 3510-DS-P