[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18799-18801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08953]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-833]
Large Diameter Welded Pipe From the Republic of Turkey: Amended
Final Affirmative Antidumping Duty Determination and Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing an antidumping duty order on large diameter welded
carbon and alloy steel line and structural pipe from the Republic of
Turkey (Turkey). In addition, Commerce is amending its final
affirmative determination.
DATES: Applicable May 2, 2019.
FOR FURTHER INFORMATION CONTACT: Rebecca M. Janz at (202) 482-2972 or
William Miller at (202) 482-3906, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 27, 2019, Commerce published its affirmative final
determination in the less-than-fair-value (LTFV) investigation of large
diameter welded pipe from Turkey.\1\ The scope of the investigation in
Commerce's final determination covered large diameter welded carbon and
alloy steel line pipe (welded line pipe), large diameter welded carbon
and alloy steel structural pipe (welded structural pipe), and stainless
steel large diameter welded pipe (stainless steel pipe) from Turkey.\2\
As discussed below, the ITC subsequently found three domestic like
products covered by the scope of the investigation (welded line pipe,
welded structural pipe, and stainless steel pipe) and, accordingly,
made a separate injury determination with respect to each domestic like
product. On April 15, 2019, the ITC notified Commerce of its final
determination, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act, by reason of LTFV imports of welded
line pipe and welded structural pipe from Turkey.\3\ Additionally, the
ITC made a negligibility determination with respect to stainless steel
pipe.\4\ Commerce released draft revised scope language for comment by
parties.\5\ No party objected to the revised scope language in this
proceeding.
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\1\ See Large Diameter Welded Pipe from the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 84 FR 6362
(February 27, 2019).
\2\ Id.
\3\ See ITC Notification Letter regarding ITC Investigation Nos.
701-TA-595-596 and 731-TA-1401, 1403, 1405-1406, dated April 15,
2019 (ITC Notification); see also Large Diameter Welded Pipe from
Canada, Greece, Korea, and Turkey; Determinations, 84 FR 16533
(April 19, 2019) (ITC Final Determination); and Large Diameter
Welded Pipe from Canada, Greece, Korea, and Turkey, Investigation
Nos. 701-TA-595-596 and 731-TA-1401, 1403, 1405-1406 (Final),
Publication 4883, April 2019 (Final ITC Report).
\4\ See ITC Notification.
\5\ See Memorandum, ``Comments on the Scope of the Orders,''
dated April 5, 2019.
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Scope of the Order
The products covered by this order are welded line pipe and welded
structural pipe from Turkey. For a complete description of the scope of
this order, see the Appendix to this notice.
Amendment to Final Determination
A ministerial error is defined as an error in additional,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\6\
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\6\ See section 735(e) of the Act and 19 CFR 351.224(f).
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Pursuant to section 735(e) of the Act and 19 CFR 35l.224(e) and
(f), Commerce is amending the Final Determination to reflect the
correction of ministerial errors in the final estimated weighted
average dumping margins calculated for Borusan Mannesmann Boru Sanayi
ve Ticaret A.S. and HDM Celik Boru Sanayi ve Ticaret A.S. In addition,
because these margins are the basis for the estimated weighted average
dumping margin determined for all other Turkish producers and exporters
of subject merchandise, we also are revising the ``all-others'' rate in
the Final Determination.\7\ The amended estimated weighted average
dumping margins are listed in the Suspension of Liquidation section
below.
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\7\ See ``Memorandum, ``Less-Than-Fair-Value Investigation of
Large Diameter Welded Pipe from the Republic of Turkey: Allegation
of Ministerial Errors in the Final Determination,'' dated April 1,
2019.
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Antidumping Duty Order
On April 15, 2019, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final determination
in this investigation, in which it found that imports of welded line
pipe and welded structural pipe from Turkey are materially injuring a
U.S. industry.\8\ As a result, and in accordance with sections
735(c)(2) and 736 of the Act, we are publishing this antidumping duty
order. As noted above, in its determination, the ITC found three
domestic like products covered by the scope of the investigation:
welded line pipe, welded structural pipe, and stainless steel pipe. The
ITC found that that imports of stainless steel pipe from Turkey are
negligible. The ITC made affirmative determinations with respect to
welded line pipe and welded structural pipe from Turkey. Because the
ITC made distinct and different injury determinations for separate
domestic like products, Commerce will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on entries of welded line
pipe and welded structural pipe (subject merchandise)
[[Page 18800]]
from Turkey, and not on entries of stainless steel pipe (excluded
merchandise) from Turkey.
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\8\ See ITC Notification; and ITC Final Determination.
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Welded Line Pipe
The Final ITC Report describes welded line pipe as a tubular
product produced from carbon and alloy steel, produced to American
Petroleum Institute (API) 5L specifications, and designed for conveying
liquids and gases.\9\ Because the ITC determined that LTFV imports of
welded line pipe from Turkey are materially injuring a U.S.
industry,\10\ all unliquidated entries of subject merchandise from
Turkey, entered or withdrawn from warehouse, are subject to the
assessment of antidumping duties, as described below.
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\9\ See Final ITC Report at 7.
\10\ Id. at 1 and 5.
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As a result of the ITC Final Determination, in accordance with
section 736(a) of the Act, Commerce will direct CBP to assess, upon
further instruction by Commerce, antidumping duties equal to the amount
by which the normal value of the merchandise exceeds the export price
(or constructed export price) of the merchandise for all relevant
entries of welded line pipe from Turkey. Antidumping duties will be
assessed on unliquidated entries of welded line pipe from Turkey
entered, or withdrawn from warehouse, for consumption on or after
August 27, 2018, the date of publication of the Preliminary
Determination,\11\ but will not be assessed on entries occurring after
the expiration of the provisional measures period, beginning on
February 23, 2019, in accordance with section 733(d) of the Act, until
the date of publication of the ITC Final Determination in the Federal
Register.
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\11\ See Large Diameter Welded Pipe from the Republic of Turkey:
Preliminary Determination of Sales at Less than Fair Value and
Postponement of Final Determination, 83 FR 43646, August 27, 2018
(Preliminary Determination).
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Welded Structural Pipe
The Final ITC Report describes welded structural pipe as a tubular
product produced from carbon and alloy steel, produced to American
Society for Testing and Materials (ASTM) specifications, and designed
for support in construction projects and piling.\12\ Because the ITC
determined that LTFV imports of welded structural pipe from Turkey are
materially injuring a U.S. industry,\13\ all unliquidated entries of
subject merchandise from Turkey, entered or withdrawn from warehouse,
are subject to the assessment of antidumping duties, as described
below.
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\12\ See Final ITC Report at 7.
\13\ Id. at 1 and 5.
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As a result of the ITC Final Determination, in accordance with
section 736(a) of the Act, Commerce will direct CBP to assess, upon
further instruction by Commerce, antidumping duties for all relevant
entries of welded structural pipe from Turkey. Antidumping duties will
be assessed on unliquidated entries of welded structural pipe from
Turkey entered, or withdrawn from warehouse, for consumption on or
after August 27, 2018, the date of publication of the Preliminary
Determination,\14\ but will not be assessed on entries occurring after
the expiration of the provisional measures period, beginning on
February 23, 2019, in accordance with section 733(d) of the Act, until
the date of publication of the ITC Final Determination in the Federal
Register.
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\14\ See Preliminary Determination.
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Stainless Steel Pipe
The Final ITC Report describes stainless steel pipe as being
produced from stainless steel for its high-chrome chemistry and
corrosion-resistant properties.\15\ Because the ITC determined that
imports of stainless steel pipe from Turkey are negligible,\16\
Commerce will direct CBP to terminate the suspension of liquidation for
entries of stainless steel pipe from Turkey entered, or withdrawn from
warehouse, and to refund all cash deposits with respect to these
entries pursuant to section 735(c)(2) of the Act.
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\15\ See Final ITC Report at 7.
\16\ Id. at 1-2 and 5.
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Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
(i.e., welded line pipe and welded structural pipe) from Turkey,
effective the date of publication of the ITC Final Determination in the
Federal Register, and to assess, upon further instruction by Commerce
pursuant to section 736(a)(1) of the Act, antidumping duties for each
entry of the subject merchandise equal to the amount by which the
normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise. We intend to instruct CBP
to require, at the same time as importers would normally deposit
estimated import duties on this merchandise, cash deposits for each
entry of subject merchandise equal to the rates noted below. These
instructions suspending liquidation will remain in effect until further
notice. For the purpose of determining cash deposit rates, the
estimated weighted average dumping margins for imports of subject
merchandise from Turkey have been adjusted, as appropriate, for export
subsidies found in the final determination of the companion
countervailing duty investigation of this merchandise imported from
Turkey. The all-others rate applies to all producers or exporters not
specifically listed.
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Estimated Cash deposit
weighted- rate (adjusted
Company average for subsidy
dumping margin offset(s))
(percent) (percent)
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Borusan Mannesmann Boru Sanayi ve 5.11 5.11
Ticaret A.S............................
HDM Celik Boru Sanayi ve Ticaret A.S.... 2.57 1.57
All Others.............................. 4.47 3.47
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
welded line pipe and welded structural pipe from Turkey pursuant to
section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
This amended final determination and order is published in
accordance with sections 735(e) and 736(a) of the Act, and 19 CFR
351.211(b) and 351.224(e) and (f).
[[Page 18801]]
Dated: April 23, 2019.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
Appendix
Scope of the Order
The merchandise covered by this order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Large diameter welded pipe may be used to
transport oil, gas, slurry, steam, or other fluids, liquids, or
gases. It may also be used for structural purposes, including, but
not limited to, piling. Specifically, not included is large diameter
welded pipe produced only to specifications of the American Water
Works Association (AWWA) for water and sewage pipe.
Large diameter welded pipe used to transport oil, gas, or
natural gas liquids is normally produced to the American Petroleum
Institute (API) specification 5L. Large diameter welded pipe may
also be produced to American Society for Testing and Materials
(ASTM) standards A500, A252, or A53, or other relevant domestic
specifications, grades and/or standards. Large diameter welded pipe
can be produced to comparable foreign specifications, grades and/or
standards or to proprietary specifications, grades and/or standards,
or can be non-graded material. All pipe meeting the physical
description set forth above is covered by the scope of this order,
whether or not produced according to a particular standard.
Subject merchandise also includes large diameter welded pipe
that has been further processed in a third country, including but
not limited to coating, painting, notching, beveling, cutting,
punching, welding, or any other processing that would not otherwise
remove the merchandise from the scope of the order if performed in
the country of manufacture of the in-scope large diameter welded
pipe.
Excluded from the scope are any products covered by the existing
antidumping duty order on welded line pipe from the Republic of
Turkey. See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December
1, 2015).
The large diameter welded pipe that is subject to this order is
currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000,
7305.19.1030, 7305.19.1060, 7305.19.5000, 7305.31.4000,
7305.31.6090, 7305.39.1000 and 7305.39.5000. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
[FR Doc. 2019-08953 Filed 5-1-19; 8:45 am]
BILLING CODE 3510-DS-P