[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34345-34347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15193]
[[Page 34345]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2017-2018
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 July 18, 2019.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Karine Gziryan, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-4162 or 202-482-4081,
respectively.
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, 2017 through April 30, 2018. Commerce published the notice of
initiation of this administrative review on July 12, 2018.\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, 83 FR 32270, 32277 (July 12, 2018).
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This review covers the following companies: Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. (Borusan Mannesmann) and Borusan Istikbal
Ticaret T.A.S. (Borusan Istikbal) (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 Holding
(BMBYH), Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan Ihracat);
Borusan Ithicat ve Dagitim A.S. (Borusan Ithicat); Borusan Mannesmann
Yatirim Holding (BMYH), Tubeco Pipe and Steel Corporation (Tubeco);
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); Kale Baglanti
Teknolojileri San. ve Tic. (Kale Baglanti), Noksel Selik Boru Sanayi
A.S. (Noksel Selik), Yucel Boru ve Profil Endustrisi A.S. (Yucel),
Yucelboru Ihracat Ithalat ve Pazarlama A.S. (Yucelboru), Cayirova Boru
Sanayi ve Ticaret A.S. (Cayirova), and Cinar Boru Profil San. ve Tic.
As (Cinar Boru). The mandatory respondents in this administrative
review are Borusan and Toscelik.\4\
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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 company. 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 Toscelik Profil ve Sac Endustrisi A.S.,
Tosyali Dis Ticaret A.S., and Toscelik Metal as a single company.
\4\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Respondent Selection,'' dated August 8, 2018.
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On January 28, 2019, Commerce exercised its discretion to toll all
deadlines affected by the closure of the Federal Government from
December 22, 2019 through January 28, 2019.\5\ Based on the tolled
deadline, the revised deadline for the preliminary results of this
review became June 20, 2019. On February 21, 2019, we extended the
deadline for the preliminary results to June 20, 2019.\6\ On June 4,
2019, we further extended the deadline for the preliminary results,
until July 10, 2019.\7\
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\5\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\6\ See Memorandum, ``Certain Circular Welded Carbon Steel
Standard Pipe and Tube Products from Turkey: Extension of Time Limit
for Preliminary Results of Antidumping Duty Administrative Review,''
dated February 21, 2019.
\7\ See Memorandum, ``Certain Circular Welded Carbon Steel
Standard Pipe and Tube Products from Turkey: Extension of Time Limit
for Preliminary Results of Antidumping Duty Administrative Review,''
dated June 4, 2019.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\8\
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\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Circular Welded
Carbon Steel Standard Pipe and Tube Products from Turkey; 2017-
2018'' 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. One of the issues raised in the course of
this review was the treatment of duties paid pursuant to section 232 of
the Trade Expansion Act of 1967, as amended.\9\ As explained in the
Preliminary Decision Memorandum, we have adjusted both export and
constructed export prices to reflect the payment of those duties, in
accordance with section 772(c)(2)(A) of the Act.\10\
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\9\ See 19 U.S.C. 1862.
\10\ See Preliminary Decision Memorandum at 11-16.
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In addition, the petitioner \11\ has alleged the existence of a
particular market situation in Turkey with respect to the price of the
input, hot rolled coil,
[[Page 34346]]
pursuant to section 773(e) of the Act.\12\ We have preliminarily
determined that a particular market situation exists and have made an
upward adjustment to the costs of hot rolled coil both imported into
Turkey and sourced in Turkey utilizing a regression analysis placed on
the record by the petitioner.\13\
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\11\ The petitioner is the Wheatland Tube Company.
\12\ See Petitioner's Letter, ``Circular Welded Carbon Steel
Standard Pipe and Tube Products from Turkey: Particular Market
Situation Allegation,'' dated January 29, 2019.
\13\ See Preliminary Decision Memorandum at 24-25.
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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 23, 2018, 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.\14\ 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 July 25, 2018, 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.\15\ On August 13, 2018, Borusan Istikbal,
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat,
Borusan Holding, BMBYH, 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.\16\ 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, Borusan Holding, BMBYH,
Tubeco, Cayirova, Yucel, or Yucelboru during the POR.\17\ We received
no information from CBP regarding the existence of entries of subject
merchandise from these companies during the POR. Based on their
certifications and our analysis of CBP information, we preliminarily
determine that Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan
Ihracat, Borusan Ithicat, Borusan Holding, BMBYH, Tubeco, Cayirova,
Yucel, and Yucelboru each had no reviewable transactions during the
POR. Consistent with our practice, we are not preliminarily rescinding
the review with respect to these eleven companies, but, rather, we will
complete the review for these companies and issue appropriate
instructions to CBP based on the final results of this review.\18\
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\14\ See Letter from Borusan, ``No Shipment Certification of
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. in the 2017-2018
Administrative Review of the Antidumping Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from Turkey,'' dated July
23, 2018.
\15\ See Letter from Cayirova, Yucel, and Yucelboru, ``Circular
Welded Carbon Steel Pipes and Tubes from Turkey; Notification of No
Shipments,'' dated July 25, 2018.
\16\ See Letter from Borusan Istikbal, Borusan Birlesik, Borusan
Gemlik, Borusan Iharcat, Borusan Ithicat, and Tubeco, ``Circular
Welded Carbon Steel Pipes and Tubes from Turkey, Case No. A-489-501:
No Shipment Letter,'' dated August 13, 2018.
\17\ See CBP message number 8115302, dated April 25, 2018.
\18\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); and
the ``Assessment Rates'' section, below; see also Certain Frozen
Warmwater Shrimp from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of Review,
Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951,
15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp
from Thailand: Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and Partial Rescission
of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).
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Further, as noted above, Borusan Istikbal also submitted a no-
shipment certification on August 13, 2018. 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 that Borusan had shipments during this POR, we have not
made a preliminary determination of no-shipments with respect to
Borusan Istikbal. Furthermore, three companies, Kale Baglanti, Noksel
Selik, and Cinar Boru, remain subject to this administrative review
because none of these three companies: (1) Was selected as a mandatory
respondent;\19\ (2) was the subject of a withdrawal of request for
review; (3) requested to participate as a voluntary respondent; or (4)
submitted a claim of no shipments. As such, these three companies
remain as unexamined respondents.
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\19\ See Respondent Selection Memorandum.
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Preliminary Results of Review
As a result of this review, we calculated a weighted-average
dumping margin of 14.73 percent for Borusan and a de minimis margin for
Toscelik for the period May 1, 2017 through April 30, 2018. We assigned
the three non-selected companies the all-others rate in these
preliminary results, as referenced below:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 14.73
Istikbal Ticaret T.A.S.....................................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret 0.00
A.S./Toscelik Metal Ticaret A.S............................
Kale Baglanti Teknolojileri San. ve Tic..................... 14.74
Noksel Selik Boru Sanayi A.S................................ 14.74
Cinar Boru Profil San. ve Tic. As........................... 14.74
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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, Borusan Holding, BMBYH, 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
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parties, at the rate for the intermediate reseller, if available, or at
the all-others rate.\20\ In this review, we have preliminarily
calculated a weighted-average dumping margin of 14.73 percent for
Borusan. In addition, we have preliminarily calculated a de minimis
margin for Toscelik, the other mandatory respondent. When only one
weighted-average dumping margin for the individually investigated
respondent is not zero, de minimis, or based entirely on facts
available, the rate for companies that we did not examine will be equal
to that single weighted-average dumping margin. Accordingly, we have
preliminarily assigned to Kale Baglanti, Noksel Selik, and Cinar Boru,
companies not individually examined in this review,[thinsp]a margin of
14.74 percent, which is the all-others rate established in the less-
than-fair-value investigation.
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\20\ 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 upon
publication of the notice of final results of administrative review for
all shipments of welded pipe and tube from Turkey entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review, as provided for by
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the
companies under review will be the rate established in the final
results of this review (except, if the rate is zero or de minimis, no
cash deposit will be required); (2) for merchandise exported by
manufacturers or exporters not covered in this review but 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 the manufacturer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the less-than-fair-value investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recently completed segment of the proceeding for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 14.74 percent ad
valorem, the all-others rate established in the less-than-fair-value
investigation.\21\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\21\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than five days after the time
limit for filing case briefs.\22\ Parties who submit case briefs or
rebuttal briefs in this proceeding are requested to submit with each
brief: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\23\ Executive summaries
should be limited to five pages total, including footnotes.\24\ Case
and rebuttal briefs should be filed using ACCESS.\25\
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\22\ See 19 CFR 351.309(d)(1).
\23\ See 19 CFR 351.309(c)(2) and (d)(2).
\24\ Id.
\25\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing schedule. Interested parties who wish to request
a hearing, or to participate if one is requested, 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. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\26\
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\26\ See section 751(a)(3)(A) of the Act.
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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) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: July 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Respondents Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019-15193 Filed 7-17-19; 8:45 am]
BILLING CODE 3510-DS-P