[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26951-26954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12480]


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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; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
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 June 11, 2018.

FOR FURTHER INFORMATION CONTACT: Fred Baker, 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.

SUPPLEMENTARY INFORMATION:

Background

    Commerce 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, 2016, to April 30, 2017. Commerce published the notice of initiation 
of this administrative review on July 6, 2017.\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, 82 FR 31292, 31297 (July 6, 2017) 
(Initiation Notice).
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    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); \2\ Toscelik Profil ve 
Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik Metal 
Ticaret A.S. (Toscelik Metal) (collectively, Toscelik); \3\ 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. (Yucel), Yucelboru Ihracat Ithalat ve Pazarlama A.S.

[[Page 26952]]

(Yucelboru), and Cayirova Boru Sanayi ve Ticaret A.S. (Cayirova).
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    \2\ 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.
    \3\ 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 Toscelik Metal 
as a single entity.
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    On January 23, 2018, Commerce exercised its discretion to toll all 
deadlines affected by the closure of the Federal Government from 
January 20, 2018, through January 22, 2018.\4\ The revised deadline for 
the preliminary results of this review became February 5, 2018. On 
January 31, 2018, we extended the deadline for the preliminary results 
to May 14, 2018.\5\ On May 7, 2018, we further extended the deadline 
for the preliminary results, until June 4, 2018.\6\
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    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by 3 days.
    \5\ See Memorandum, ``Certain Circular Welded Carbon Steel Pipes 
and Tubes from Turkey: Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
31, 2017.
    \6\ See Memorandum, ``Certain Circular Welded Carbon Steel Pipes 
and Tubes from Turkey: Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated May 7, 
2018.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\7\
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    \7\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Welded Carbon 
Steel Standard Pipe and Tube Products from Turkey; 2016-2017'' 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

    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.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included in 
the Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 to all parties in Commerce's Central 
Records Unit, located at Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/index.html. The signed and 
the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Determination of No Shipments

    On July 22, 2017, Cayirova, Yucel, and Yucelboru submitted a letter 
to Commerce certifying that they each individually had no sales, 
shipments, or entries of the subject merchandise to the United State 
during the POR.\8\ On July 24, 2017, Erbosan submitted a letter to 
Commerce certifying that it had no sales, shipments, or entries of the 
subject merchandise to the United States during the POR.\9\ 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 7, 2017, 
Borusan Istikbal, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, and Tubeco submitted a letter to Commerce certifying 
that they each individually had no sales, shipments, or entries of the 
subject merchandise to the United States during the POR.\10\ On April 
25, 2018, consistent with our practice, we 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, Tubeco, Cayirova, Yucel, or Yucelboru during 
the POR.\11\ With one exception, we received no information from CBP 
regarding the existence of entries of subject merchandise from these 
companies during the POR. The one exception was information concerning 
one of the companies (whose name is business proprietary) that 
indicated it had shipments to the United States during the POR. We 
intend to seek additional information from CBP concerning these alleged 
shipments, and solicit comments from interested parties concerning 
them.\12\
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    \8\ See Letter from Cayirova, Yucel, and Yucelboru, Re: Circular 
Welded Carbon Steel Pipes and Tubes from Turkey; Notification of No 
Shipments, dated July 22, 2017.
    \9\ See Letter from Erbosan, Re: No Shipment Certification of 
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. in the 2016-2017 
Administrative Review of the Antidumping Duty Order Involving 
Certain Welded Carbon Steel Standard Pipe from Turkey, dated July 
24, 2017.
    \10\ 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 7, 2017.
    \11\ See CBP message number 8115302, dated April 25, 2018.
    \12\ See Preliminary Decision Memorandum at 4.
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    Based on the foregoing, we preliminarily determine that Erbosan, 
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, 
Tubeco, Cayirova, Yucel, and Yucelboru each had no shipments during the 
POR. Also, consistent with our practice, we find that it is not 
appropriate to rescind the review with respect to these nine 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.\13\ Thus, if we continue to find that Erbosan, Borusan 
Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, Tubeco, 
Cayirova, Yucel, and Yucelboru 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.\14\
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \14\ 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, also as noted above, 
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 that Borusan had shipments during 
this POR, we have not made a preliminary determination of no-shipments 
with respect to Borusan Istikbal.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margins for

[[Page 26953]]

the period May 1, 2016 through April 30, 2017 are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan             11.33
 Istikbal Ticaret T.A.S.................................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis                  0.00
 Ticaret A.S./Toscelik Metal Ticaret A.S................
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Disclosure and Public Comment

    We intend 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.\15\ Interested parties may 
submit cases briefs no later than 30 days after the date of publication 
of this notice.\16\ 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.\17\ 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.\18\ Case and rebuttal briefs should be 
filed using ACCESS.\19\
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    \15\ See 19 CFR 351.224(b).
    \16\ See 19 CFR 351.309(c)(1)(ii).
    \17\ See 19 CFR 351.309(d).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
    \19\ 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.\20\ 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. In order to be 
properly filed, all ACCESS submissions must be successfully 
electronically filed in their entirety by 5 p.m. Eastern Time.
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    \20\ See 19 CFR 351.310(c).
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    Unless otherwise extended, we intend to issue the final results of 
this administrative review, including the results of our 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, Commerce 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 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.
    With respect to Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan 
Ihracat, Borusan Ithicat, Tubeco, Cayirova, Yucel, and Yucelboru, 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.\21\
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    \21\ 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 a 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.\22\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \22\ 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(b)(4).


[[Page 26954]]


    Dated: June 4, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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. Particular Market Situation
5. Preliminary Determination of No Shipments
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. 2018-12480 Filed 6-8-18; 8:45 am]
 BILLING CODE 3510-DS-P