[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34863-34865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15301]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-824]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of 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) is conducting an 
administrative review of heavy walled rectangular welded carbon steel 
pipes and tubes (HWR pipes and tubes) from the Republic of Turkey 
(Turkey) for the period of review (POR) September 1, 2017 through 
August 31, 2018. We preliminarily determine that Noksel Celik Boru 
Sanayi A.S., a producer and/or exporter subject to this administrative 
review, made sales of subject merchandise at less than normal value 
during the POR. We also preliminarily determine that Cinar Boru Profil 
San Ve Tic A.S. had no shipments during the POR. If these preliminary 
results are adopted in the final results, Commerce will instruct U.S. 
Customs and Border Protection (CBP) to assess antidumping (AD) duties 
on all appropriate entries of subject merchandise. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable July 19, 2019.

FOR FURTHER INFORMATION CONTACT: William Horn or Alexis Cherry, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4868 or (202) 
482-0607, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 15, 2018, Commerce published a notice of initiation of 
an administrative review of the AD order \1\ on HWR pipes and tubes 
from Turkey.\2\ The Initiation Notice covered the following producers/
exporters of the subject merchandise: (1) Agir Haddecilik A.S.; (2) 
Cinar Boru Profil San Ve Tic A.S. (Cinar Boru); \3\ (3) MTS Lojistik ve 
Tasimacilik Hizmetleri TIC A.S. Istanbul; (4) Noksel Celik Boru Sanayi 
A.S. (Noksel); and (5) Ozdemir Boru Profil San. ve Tic. Ltd. Sti 
(Ozdemir).\4\ On December 17, 2018, we selected Noksel as the mandatory 
respondent in this review; \5\ however, Noksel notified Commerce that 
it did not intend to participate.\6\ On February 22, 2019, we selected 
Cinar Boru as the new mandatory respondent.\7\ On March 14, 2019, Cinar 
Boru notified Commerce that it did not ship any subject merchandise to 
the United States during the POR.\8\
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    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865 (September 13, 2016) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation 
Notice).
    \3\ In the Initiation Notice, Commerce initiated a review of 
Cinar Boru Profil San Ve Tic Stl. However, the company has 
identified itself as Cinar Boru Profil San Ve Tic A.S. in its 
letters to Commerce. See, e.g., Cinar Boru's Letter, ``Heavy Walled 
Rectangular Welded Carbon Steel Pipes and Tubes from Turkey (A-489-
824),'' dated March 14, 2019 (Cinar Boru's No Shipment Letter). 
Commerce is hereby using Cinar Boru's spelling of its name.
    \4\ In the Initiation Notice, we failed to clarify that HWR 
pipes and tubes that are produced and exported by Ozdemir are 
excluded from the Order. See Order, 81 FR at 62866. Thus, Ozdemir's 
inclusion in this administrative review is limited to entries for 
which Ozdemir was not both the exporter and producer of the subject 
merchandise.
    \5\ See Memorandum, ``2017-2018 Administrative Review of Heavy 
Walled Rectangular Welded Carbon Steel Pipes and Tubes from the 
Republic of Turkey: Respondent Selection,'' dated December 17, 2018 
(Respondent Selection Memorandum).
    \6\ See Noksel's Letter, ``Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from Turkey (A-489-824),'' dated 
February 4, 2019.
    \7\ See Memorandum, ``2017-2018 Administrative Review of Heavy 
Walled Rectangular Welded Carbon and Steel Pipes and Tubes from the 
Republic of Turkey: Second Respondent Selection,'' dated February 
22, 2019 (Second Respondent Selection Memorandum).
    \8\ See Cinar Boru's No Shipment Letter.
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018 through 
the resumption of operations on January 29, 2019.\9\ The revised 
deadline for the preliminary results is July 12, 2019.
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    \9\ 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.
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    For a complete description of the events in this proceeding, see 
the Preliminary Decision Memorandum.\10\ A list of topics included in 
the Preliminary Decision Memorandum is included as an appendix to this 
notice. The Preliminary 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 
in the Central Records Unit, Room B8024 of the main Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
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    \10\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Antidumping Duty Administrative Review: Heavy Walled 
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of 
Turkey; 2017-2018'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the order are HWR pipes and tubes from 
Turkey. The subject merchandise is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
7306.61.1000. Subject merchandise may also enter under HTSUS 
7306.61.3000. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
proceeding is dispositive. A full description of the scope of the order 
is contained in the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    We preliminarily determine that Cinar Boru made no shipments of 
subject merchandise during the POR. Moreover, consistent with our 
practice, we are not preliminarily rescinding the review with respect 
to Cinar Boru, but, rather, we will complete the review with respect to 
the company and issue appropriate instructions to CBP based on the 
final results of this review.\11\ For

[[Page 34864]]

further discussion, see the Preliminary Decision Memorandum.
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    \11\ See, e.g., 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 
(August 28, 2014).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (Act). 
Pursuant to section 776(a) and (b) of the Act, Commerce has 
preliminarily relied upon facts otherwise available with adverse 
inferences (AFA) for Noksel. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins exist for the period 
September 1, 2017 through August 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Agir Haddecilik A.S.........................................       35.66
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul....       35.66
Noksel Celik Boru Sanayi A.S................................       35.66
Ozdemir Boru Profil San. ve Tic. Ltd. Sti.\12\..............       35.66
------------------------------------------------------------------------

Rate for AFA and Non-Selected Companies

    In this review, we assigned to Noksel as AFA the highest rate on 
the record of this proceeding. In accordance with the U.S. Court of 
Appeals for the Federal Circuit's decision in Albemarle Corp. v. United 
States,\13\ we are applying to the non-selected companies the dumping 
margin that we are preliminarily applying to Noksel in this 
administrative review.\14\ This is the only rate determined in this 
review for an individual respondent and, thus, it is applicable to the 
non-selected companies under section 735(c)(5)(B) of the Act. For a 
detailed discussion, see the Preliminary Decision Memorandum.
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    \12\ This rate only applies to subject merchandise that was not 
both exported and produced by Ozdemir.
    \13\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
    \14\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 83 FR 17527 (April 20, 2018), and 
accompanying Issues and Decision Memorandum at Comment 4.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, AD duties on appropriate entries 
covered by this review.\15\ If the preliminary results are unchanged 
for the final results, Commerce will instruct CBP to apply the rate of 
35.66 percent to suspended entries of the subject merchandise from 
Noksel and the non-selected companies. Consistent with Commerce's 
assessment practice, if we continue to find in the final results that 
Cinar Boru had no shipments of subject merchandise during the POR, we 
will instruct CBP to liquidate any suspended entries under Cinar Boru's 
case number at the all-others rate (i.e., 17.73 percent) if there is no 
rate for the intermediate companies involved in the transaction.\16\ We 
intend to issue instructions to CBP 15 days after publication of the 
final results of this review.
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    \15\ See 19 CFR 351.212(b).
    \16\ 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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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of HWR pipes and tubes 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 by section 
751(a)(2) of the Act: (1) The cash deposit rates for each specific 
company listed above will be the weighted-average dumping margins 
established in the final results of this administrative review except 
if the rates are de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rates will be zero; (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 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 
the proceeding for the manufacturer of the merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 17.73 percent ad valorem, the all-others rate 
established in the LTFV investigation.\17\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \17\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Final Determination of Sales at 
Less Than Fair Value, 81 FR 47355 (July 21, 2016).
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results of review within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of preliminary determination in the Federal Register, in accordance 
with 19 CFR 351.224(b). However, because Commerce preliminarily applied 
AFA to the mandatory respondent Noksel in this administrative review, 
in accordance with section 776 of the Act, and preliminarily made a no-
shipment determination with respect to the mandatory respondent Cinar 
Boru, there are no calculations to disclose.

Public Comment

    Pursuant to 19 CFR 351.309(c), 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 date for filing case 
briefs.\18\ 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.\19\ Case and rebuttal briefs should be filed using 
ACCESS.\20\
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    \18\ See 19 CFR 351.309(d).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2).
    \20\ 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, U.S. Department of Commerce, 
filed electronically via ACCESS. An electronically filed document must 
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time within 30 days after the date of publication of this notice.\21\ 
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 briefs. If a request for a hearing is made, 
parties will be notified of the date and

[[Page 34865]]

time of the hearing to be held at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.
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    \21\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in all written case briefs, within 120 
days after the publication of this notice in the Federal Register.

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 preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h)(1).

    Dated: July 12, 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. Preliminary Determination of No Shipments
V. Use of Facts Available and Adverse Inferences
VI. Recommendation

[FR Doc. 2019-15301 Filed 7-18-19; 8:45 am]
BILLING CODE 3510-DS-P