[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64455-64457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25376]


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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: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2017-
2018

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

SUMMARY: The Department of Commerce (Commerce) continues to determine 
that Noksel Celik Boru Sanayi A.S. (Noksel), a producer and/or exporter 
of heavy walled rectangular welded carbon steel pipes and tubes (HWR 
pipes and tubes) from the Republic of Turkey (Turkey), sold subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR) September 1, 2017 through August 31, 
2018. We also determine that Cinar Boru Profil San Ve Tic A.S. (Cinar 
Boru) had no shipments of HWR pipes and tubes during the POR. Based on 
an analysis of the comments received, we have not made changes to the 
weighted-average dumping margins listed in the ``Final Results of 
Review'' section below.

DATES: Applicable November 22, 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

    Commerce published the Preliminary Results on July 19, 2019.\1\ For 
events subsequent to the Preliminary Results, see Commerce's Issues and 
Decision Memorandum.\2\
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    \1\ See 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, 84 FR 34863 (July 19, 2019) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Turkey: Issues and 
Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2017-
2018,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order

    The products covered by the order are HWR pipes and tubes from 
Turkey. A full description of the scope of the order is contained in 
the Issues and Decision Memorandum.

Analysis of Comments Received

    The issues raised by the petitioners in their case brief are 
addressed in the Issues and Decision Memorandum.\3\ A list of topics 
included in the Issues and Decision Memorandum 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 in the Central Records Unit, room B8024 of the 
main Commerce building. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly on the internet at 
http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and

[[Page 64456]]

Decision Memorandum are identical in content.
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    \3\ The petitioners were the only party which filed a case brief 
in this administrative review.
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Application of Adverse Facts Available

    For these final results, we continue to find that Noksel withheld 
necessary information requested by Commerce, failed to provide 
information to Commerce by the required deadline, and significantly 
impeded the proceeding. Further, we continue to find that because 
Noksel received Commerce's questionnaire but did not respond to our 
request for information, Noksel failed to cooperate to the best of its 
ability. Therefore, we continue to find that the application of adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, is 
warranted with respect to Noksel.

Final Determination of No Shipments

    In the Preliminary Results, we found that Cinar Boru \4\ made no 
shipments of the subject merchandise to the United States during the 
POR. Also, in the Preliminary Results, we stated that consistent with 
our practice, it was not appropriate to rescind the review with respect 
to Cinar Boru, but rather to complete the review and issue appropriate 
instructions to U.S. Customs and Border Protection (CBP) based on the 
final results of this review.\5\
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    \4\ Commerce initiated a review of Cinar Boru Profil San Ve Tic 
Stl. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018). 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.
    \5\ See Preliminary Results, 84 FR at 34863-64; see also, 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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    After issuing the Preliminary Results, we received no information 
that contradicted our preliminary results. Therefore, for these final 
results, we continue to find that Cinar Boru made no shipments of 
subject merchandise during the POR. See the Issues and Decision 
Memorandum for further discussion.

Rate for AFA and Non-Selected Companies

    For these final results, we continue to assign to Noksel as AFA the 
highest rate on the record of this proceeding. We will also apply to 
the non-selected companies the dumping margin that we are applying to 
Noksel in this administrative review.\6\ As discussed in the 
Preliminary Results, Commerce's practice in calculating a rate for non-
selected companies has been to look to section 735(c)(5) of the Act for 
guidance. In particular, section 735(c)(5)(B) of the Act provides that 
where all rates are zero, de minimis, or based entirely on facts 
available, Commerce may use ``any reasonable method'' for assigning the 
rate to the non-selected companies. In this review, the rate assigned 
to Noksel is the only rate determined for an individual respondent. 
Thus, in accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\7\ we continue 
to find that a reasonable method for determining the rate for the non-
selected companies is to use the dumping margin applied to Noksel in 
this review.\8\
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    \6\ 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.
    \7\ See Ablemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
    \8\ See PDM at 7-8.
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Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               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 \9\...............       35.66
------------------------------------------------------------------------

Assessment Rates

    Commerce has determined, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
these final results of review.\10\ Pursuant to section 776(a) and (b) 
of the Act, because Commerce has applied AFA to Noksel, we will 
instruct CBP to apply the rate of 35.66 percent to Noksel's suspended 
entries of the subject merchandise for the POR. For the companies that 
were not selected for individual examination, we used as the assessment 
rate the cash deposit rate assigned to Noksel. Because we determined 
that Cinar Boru had no shipments of the subject merchandise, for 
entries of subject merchandise during the POR produced, but not 
exported by, Cinar Boru, we will instruct CBP to liquidate any entries 
at the all-others rate (i.e., 17.73 percent) if there is no rate for 
the intermediate company(ies) involved in the transaction.\11\
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    \9\ This rate only applies to subject merchandise that was not 
both exported and produced by Ozdemir Boru Profil San. ve Tic. Ltd. 
Sti.
    \10\ See 19 CFR 351.212(b).
    \11\ 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 the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the 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 for each specific 
company listed above will be the weighted-average dumping margins 
established in the final results of this administrative review; (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.\12\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \12\ 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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Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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

[[Page 64457]]

antidumping duties prior to liquidation of the relevant entries during 
the POR. 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue: Certification of No Shipments
V. Recommendation

[FR Doc. 2019-25376 Filed 11-21-19; 8:45 am]
BILLING CODE 3510-DS-P