[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
------------------------------------------------------------------------

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

[[Page 34347]]

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