[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63155-63157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26544]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Welded Carbon Steel Standard Pipe and Tube Products From Turkey: 
Final Results of Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that welded 
carbon steel standard pipe and tube products (pipe and tube) from 
Turkey were sold at less than normal value during the period of review 
(POR), May 1, 2016, through April 30, 2017.

DATES: Applicable December 7, 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

    On June 11, 2018, Commerce published the preliminary results of the 
administrative review of the antidumping duty order on pipe and tube 
from Turkey.\1\ The review covers the following producers/exporters of 
the subject merchandise: 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 Y[uuml]cel Boru ve Profil 
Endustrisi A.S. (Y[uuml]cel Boru), Y[uuml]cel boru Ihracat Ithalat ve 
Pazarlama A.S. (Y[uuml]cel boru), and Cayirova Boru Sanayi ve Ticaret 
A.S. (Cayirova) (collectively, ``Y[uuml]cel Group'').
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    \1\ See 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, 83 
FR 26951 (June 11, 2018) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ As explained in the Preliminary Results, Commerce treated 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal 
Ticaret T.A.S. as a single entity in this administrative review. See 
Preliminary Decision Memorandum at 1, n.1.
    \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 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 that warrants altering this treatment. Therefore, for these 
final results, we are treating Toscelik and Tosyali as a single 
entity, and continue to find that Toscelik Metal no longer exists.
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    On June 21, 2018, we placed on the record certain entry documents 
obtained from U.S. Customs and Border

[[Page 63156]]

Protection (CBP) \4\ and invited interested parties to comment on them. 
We received comments from the Y[uuml]cel Group.\5\ On June 26, 2018, we 
issued a supplemental questionnaire to Borusan, to which it responded 
on July 27, 2018.\6\ We also invited parties to comment on the 
Preliminary Results. On August 22, 2018, we received case briefs from 
petitioner Wheatland Tube Company (Wheatland Tube), Borusan, and 
Toscelik.\7\ On August 29, 2018, we received a rebuttal brief from the 
Y[uuml]cel Group.\8\
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    \4\ See Memorandum, ``Customs Entry Documents,'' dated June 21, 
2018.
    \5\ See Y[uuml]cel Group's Letter, ``Circular Welded Carbon 
Steel Pipe and Tube from Turkey; Y[uuml]cel comments on entry 
documents,'' dated June 29, 2018.
    \6\ See Commerce Letter re: ``Administrative Review of the 
Antidumping Duty Order on Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey: Supplemental Questionnaire,'' dated June 26, 
2018; Borusan's July 27, 2018 Supplemental Questionnaire Response 
(Borusan July 27, 2018 SQR).
    \7\ See Petitioner's Case Brief, ``Welded Carbon Steel Pipe from 
Turkey: Case Brief,'' dated August 23, 2018 (Petitioner's Case 
Brief); Borusan's Case Brief, ``Circular Welded Carbon Steel Pipes 
and Tubes from Turkey, Case No. A-489-501: Case Brief,'' August 22, 
2018 (Borusan Case Brief); Toscelik's Case Brief, ``Circular Welded 
Carbon Steel Standard Pipe and Tube from Turkey; Toscelik case 
brief,'' dated August 22, 2018 (Toscelik Case Brief).
    \8\ See Y[uuml]cel Group's Rebuttal Brief, ``Circular Welded 
Carbon Steel Pipe and Tube from Turkey; Y[uuml]cel rebuttal brief,'' 
dated August 29, 2018 (Y[uuml]cel Group's Rebuttal Brief).
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    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations. The final weighted-average 
dumping margins for the reviewed firms are listed below in the section 
entitled, ``Final Results of the Review.'' Further, we continue to find 
that Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, and Tubeco had no reviewable shipments of subject 
merchandise during the POR.

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 7306.30.1000, 7306.30.5025, 7306.30.5032, 
7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheadings are provided for convenience and customs purposes only. The 
written description is dispositive.\9\
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    \9\ A full written description of the scope of the order is 
contained in the memorandum to Gary Taverman, ``Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review: Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey; 2016-2017,'' (IDM), dated concurrently with 
this notice and incorporated herein by reference.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Cayirova, Y[uuml]cel Boru, Y[uuml]cel boru, Erbosan, Borusan Birlesik, 
Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco had no 
shipments during the POR.\10\ As we received no comments from 
interested parties and because the record contains no evidence to the 
contrary, we continue to find that these companies made no shipments 
during the POR. Accordingly, consistent with Commerce's practice, we 
intend to instruct CBP to liquidate any existing entries of merchandise 
produced by Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, and Tubeco, but exported by other parties without 
their own rate, at the all-others rate.\11\ Further, while Borusan 
Istikbal submitted a no-shipment certification, we continue to treat it 
as a single entity with Borusan Mannesmann. As such, we continue to 
find that the Borusan entity had shipments during this POR and are not 
making a final determination of no shipments with respect to Borusan 
Istikbal.\12\
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    \10\ See Preliminary Results, 83 FR at 26952, and accompanying 
Preliminary Decision Memorandum, at 4-5.
    \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).
    \12\ See Preliminary Decision Memorandum at 5.
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    As noted above, we also made a preliminary determination of no 
shipments with respect to the constituent members of the Y[uuml]cel 
Group (i.e., Cayirova, Y[uuml]cel Boru and Y[uuml]cel boru). However, 
since publication of the Preliminary Results, record evidence now 
indicates that the Y[uuml]cel Group had shipments that were declared 
and entered as subject merchandise during the POR. Therefore, we are 
not making a final determination of no shipments with respect to the 
Y[uuml]cel Group.

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs submitted in this 
review are addressed in the Issues and Decision Memorandum, which is 
hereby adopted with this notice. A list of the issues raised 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 it is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. For a full discussion of these 
changes, see Issues and Decision Memorandum.

Final 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 
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 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 a calculated a weighted-average dumping 
margin for Borusan that is not zero, de minimis, or determined entirely 
on the basis of facts available. Accordingly, Commerce assigns to the 
companies not individually examined the 2.55 percent weighted-average 
dumping margin calculated for Borusan.

Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the period May 1, 2016 
through April 30, 2017:

[[Page 63157]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan              2.55
 Istikbal Ticaret T.A.S.....................................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret          0.00
 A.S./Toscelik Metal Ticaret A.S............................
Cayirova Boru Sanayi ve Ticaret A.S.........................        2.55
Y[uuml]cel Boru ve Profil Endustrisi A.S....................        2.55
Y[uuml]cel boru Ihracat Ithalat ve Pazarlama A.S............        2.55
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Duty Assessment

    Commerce shall determine, and CBP shall assess, antidumping duties 
on all appropriate entries covered by this review pursuant to section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1).
    For Borusan, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing each of these amounts by 
the total entered value associated with those sales. We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where an importer-specific assessment rate is not zero or 
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis.
    For Toscelik, we will instruct CBP to liquidate its entries during 
the POR imported by the importers identified in its questionnaire 
responses without regard to antidumping duties because its weighted-
average dumping margin in these final results is zero.\13\
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    \13\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 
2012).
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    For companies that were not selected for individual examination, we 
will instruct CBP to liquidate unreviewed entries based on the 
methodology described in the ``Final Rates for Non-Examined Companies'' 
section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by any company upon which 
we initiated an administrative review, for which they did not know that 
the merchandise was destined for the United States, we will instruct 
CBP to liquidate unreviewed entries at the all-others rate if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\14\
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    \14\ 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 publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 will be equal to the weighted-
average dumping margins established in the final results of this 
review; (2) for previously reviewed or investigated companies not 
participating in this review, 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 company was reviewed; (3) if 
the exporter is not a firm covered in this review, a previous 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 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.\15\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \15\ 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 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 antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.\16\
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    \16\ See 19 CFR 351.402(f)(3).
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Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 
351.221(b)(5) of Commerce's regulations.

    Dated: November 30, 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 Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
    Comment 1: Yucel Group's No-Shipments Claim
    Comment 2: Calculation of Toscelik's Total Cost of Manufacture
    Comment 3: Calculation of Toscelik's Average Cost of Production
    Comment 4: Calculation of Borusan's Gross Unit Price
5. Recommendation

[FR Doc. 2018-26544 Filed 12-6-18; 8:45 am]
 BILLING CODE 3510-DS-P