[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3616-3618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00964]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Circular Welded Carbon Steel Standard Pipe and Tube Products From 
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) determines that the 
single entity comprised of Borusan Mannesmann Boru Sanayi ve Ticaret 
A.S. (Borusan Mannesmann) and Borusan Istikbal Ticaret T.A.S. (Borusan 
Istikbal) (collectively, Borusan) made sales of circular welded carbon 
steel standard pipe and tube products (welded pipe and tube) from 
Turkey at less than normal value (NV) during the period of review 
(POR), May 1, 2017 through April 30, 2018. Commerce also determines 
that the single entity comprised of Toscelik Profil ve Sac Endustrisi 
A.S., Tosyali Dis Ticaret A.S., and Toscelik Metal Ticaret A.S. 
(Toscelik Metal) (collectively, Toscelik) did not make sales of welded 
pipe and tube from Turkey at less than NV during the POR.

DATES: Applicable January 22, 2020.

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 published the Preliminary Results on July 18, 2019.\1\ 
This review covers 16 producers or exporters of subject merchandise, 
including the two mandatory respondents, the single entity of 
Borusan,\2\ and the single entity of Toscelik.\3\ We invited interested 
parties to comment on the Preliminary Results. On September 13, 2019 
and September 24, 2019, we received case briefs from interested 
parties,\4\ and on September 27th and 30th, respectively, we received 
rebuttal briefs from interested parties.\5\ On August 14, 2019, Borusan 
requested that Commerce conduct a hearing in this proceeding.\6\ We 
held a hearing on October 23, 2019. On November 1, 2019, Commerce 
extended the deadline for the final results by 60 days to January 14, 
2020.\7\
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    \1\ See 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, 84 FR 34345 (July 18, 2019) and accompanying 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 July 18, 2019 
(Preliminary Results).
    \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 (December 10, 2015). We 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.
    \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). 
Accordingly, we determined 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. See also 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 (Respondent Selection Memorandum).
    \4\ See Borusan's Letter, ``Administrative Review of the 
Antidumping Order on Circular Welded Pipe and Tubes from Turkey: 
Redacted Case Brief,'' dated September 24, 2019 (Borusan's Case 
Brief); see also Petitioner's Letter, ``Circular Welded Pipe and 
Tubes from Turkey: Case Brief,'' dated September 24, 2019 
(Petitioner's Case Brief); and Letter on behalf of Independence Tube 
Corporation (Independence Tube) and Southland Tube, Incorporated 
(Southland Tube), Nucor companies (collectively, Nucor Company), 
``Certain Welded Carbon Steel Standard Pipes and Tubes from Turkey: 
Case Brief,'' dated September 13, 2019. The Nucor Company submitted 
its brief in support of Wheatland's case brief, concurring and 
adopting by reference the arguments set forth in Wheatland's brief. 
The petitioner is Wheatland Tube Company (petitioner).
    \5\ See Petitioner's Letter, ``Circular Welded Pipe and Tubes 
from Turkey: Rebuttal Brief '' dated September 30, 2019 
(Petitioner's Rebuttal Brief); see also Borusan's Letter, ``Circular 
Welded Pipe and Tubes from Turkey Case No. A-489-501: BMB's Rebuttal 
Brief,'' dated September 30, 2019 (Borusan's Rebuttal Brief); and 
the Nucor Company's Letter ``Certain Welded Carbon Steel Standard 
Pipes and Tubes from Turkey: Rebuttal Brief,'' dated September 27, 
2019. The Nucor Company submitted its rebuttal brief in support of 
Wheatland's rebuttal brief, concurring and adopting by reference the 
arguments set forth in Wheatland's rebuttal brief.
    \6\ See Borusan's Letter, ``Circular Welded Pipe and Tubes from 
Turkey Case No. A-489-501: Request for Hearing,'' dated July 18, 
2019;
    \7\ See Memorandum, ``Circular Welded Carbon Steel Standard Pipe 
and Tubes from Turkey: Extension of Deadline for Final Results of 
2017-2018 Antidumping Duty Administrative Review,'' dated November 
1, 2019.
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    Commerce conducted this administrative review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products covered by this order are welded carbon steel standard 
pipe and tube products with an outside diameter of 0.375 inch or more 
but not over 16 inches of any wall thickness, and are currently 
classified under the following Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings: 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. Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive. These products, 
commonly referred to in the industry as standard pipe or tube, are 
produced to various

[[Page 3617]]

ASTM specifications, most notably A-120, A-53 or A-135.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum (IDM),\8\ which is hereby adopted by this notice. A list of 
the issues raised is attached to this notice as an Appendix. The IDM 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 
https://access.trade.gov, and ACCESS is available to all parties in the 
Central Records Unit (CRU) for Enforcement and Compliance, Room B8024 
of the main Commerce building. In addition, a complete version of the 
IDM can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic version of the IDM are 
identical in content.
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2017-2018 Administrative Review of the 
Antidumping Duty Order on Circular Welded Carbon Steel Standard Pipe 
and Tube from Turkey,'' dated concurrently with, and hereby adopted 
by, this notice.
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Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
eleven companies had no shipments during the POR.\9\ Following 
publication of the Preliminary Results, we received no comments from 
interested parties regarding these claims. As a result, and because the 
record contains no evidence to the contrary, we continue to find that 
these eleven companies made no shipments during the POR. Consistent 
with our practice, we will issue appropriate instructions to U.S. 
Customs and Border Protection (CBP) based on our final results.
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    \9\ See Preliminary Results, 84 FR at 34346. See also 
certification of no shipments filed by: Erbosan Erciyas Boru Sanayi 
ve Ticaret A.S. (Erbosan); (2) Cayirova Boru Sanayi ve Ticaret A.S. 
(Cayirova); (3) Yucel Boru ve Profil Endustrisi A.S. (Yucel); (4) 
Yucelboru Ihracat Ithalat ve Pazarlama A.S. (Yucelboru); (5) Borusan 
Birlesik Boru Fabrikalari San ve Tic (Borusan Birlesik); (6) Borusan 
Gemlik Boru Tesisleri A.S. (Borusan Gemlik); (7) Borusan Ihracat 
Ithalat ve Dagitim A.S. (Borusan Ihracat); (8) Borusan Ithicat ve 
Dagitim A.S. (Borusan Ithicat); (9) Borusan Holding (BMBYH); (10) 
Borusan Mannesmann Yatirim Holding (BMYH); and (11) Tubeco Pipe and 
Steel Corporation (Tubeco). We note that, while Borusan Istikbal 
also submitted a no-shipment certification on August 13, 2018, 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.
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Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made the following revisions to the preliminary 
margin calculations for Borusan and Toscelik.\10\ As a result of the 
regression analysis followed in these final results which serves as the 
basis for an adjustment for a particular market situation, we 
recalculated the rate used to adjust the cost of hot-rolled coil, given 
Commerce's finding that a particular market situation exists in 
Turkey.\11\
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    \10\ See Commerce's Analysis Memorandum, ``Analysis for the 
Final Results: Borusan Mannesmann Boru Sanayi ve Ticarete A.S. and 
Borusan Istikbal Ticaret T.A.S.,'' and Analysis Memorandum, 
``Analysis for the Final Results: Toscelik,'' both of which are 
dated concurrently with this Federal Register notice.
    \11\ Id.; see also Comments 1 and 2 in the IDM.
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     For Borusan, we applied the revised PMS adjustment rate to 
the cost of purchased HRC as reported in the DIRMAT1 field in Borusan's 
cost of production data. See Comment 8.
     For Toscelik, we applied the revised PMS adjustment rate 
to the portion of the steel cost reported in the STEEL field in 
Toscelik's cost of production data that represents the cost of 
purchased HRC. See Comment 9.

Final Results for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for determining the weighted-average dumping 
margin for all other producers or exporters in a less-than-fair market 
investigation, for guidance when calculating the rate for companies 
which were not selected for individual examination in an administrative 
review. Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally ``an amount equal to the weighted average of the estimated 
weighted average dumping margins established for exporters and 
producers individually investigated, excluding any zero or de minimis 
margins, and any margins determined entirely {on the basis of facts 
available{time} .''
    In this review, we have a calculated weighted-average dumping 
margin for Borusan that is not zero, de minimis, or determined entirely 
on the basis of facts available. Accordingly, Commerce assigns to the 
companies not individually examined the 9.99 percent weighted-average 
dumping margin calculated for Borusan.

Final Results of the Administrative Review

    We have determined the following weighted-average dumping margins 
for the firms listed below for the period May 1, 2017 through April 30, 
2018:

------------------------------------------------------------------------
                                                        Weighted-average
                 Producer or exporter                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./                     9.99
 Borusan Istikbal Ticaret T.A.S......................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis                  0.00
 Ticaret A.S./Toscelik Metal Ticaret A.S.............
Kale Baglanti Teknolojileri San. ve Tic..............               9.99
Noksel Selik Boru Sanayi A.S.........................               9.99
Cinar Boru Profil San. ve Tic. As....................               9.99
------------------------------------------------------------------------

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.\12\
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    \12\ See 19 CFR 351.212(b).
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    For Borusan, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing this amount by the total 
entered value associated with those sales. We will instruct CBP to 
assess antidumping duties on all appropriate

[[Page 3618]]

entries covered by this review where an importer-specific antidumping 
duty assessment rate is not zero or de minimis. Pursuant to 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties any entries for which the importer-specific 
assessment rate is zero or de minimis.
    For Toscelik, we will instruct CBP to liquidate its entries during 
the POR imported by the importers identified in its questionnaire 
responses without regard to antidumping duties, because its weighted-
average dumping margin in these final results is zero.\13\
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    \13\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 
2012).
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    For the three companies that had shipments during the POR and that 
were not selected for individual examination, we will instruct CBP to 
liquidate the appropriate entries and assess antidumping duties at an 
ad valorem rate equal to the weighted-average dumping margin specified 
in the ``Final Rates of the Administrative Review'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by any company upon which 
we initiated an administrative review and for which we have found that 
that company had ``no shipments'' during the POR, or for which they did 
not know that the merchandise was destined for the United States, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.\14\
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    \14\ 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 publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 rate for each of the companies listed in 
the ``Final Results of the Administrative Review'' section above will 
be equal to the weighted-average dumping margin established in the 
final results of this review; (2) for previously reviewed or 
investigated companies not included in the final results of this 
review, 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 company was reviewed; (3) if the exporter is 
not a firm covered in this review, a previous review, or the original 
less-than-fair-value (LTFV) investigation, but the producer is, then 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of 
subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 14.74 percent, the all-
others rate established in the LTFV investigation.\15\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \15\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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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 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.

Notification to Interested Parties

    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: January 14, 2020.
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. Changes Since the Preliminary Results
V. Discussion of the Issues
    General Issues
    Comment 1: Allegation of a Particular Market Situation (PMS) in 
Turkey
    Comment 2: Adjusting for PMS Based on Proposed Regression 
Analysis
    Borusan-Specific Issues
    Comment 3: Whether Section 232 Duties Should be Deducted from 
U.S. Price
    Comment 4: Borusan Constructed Export Price (CEP) Sales
    Comment 5: Whether Borusan Reported Theoretical Weight Correctly
    Comment 6: Whether Borusan's Overrun Sales are Outside the 
Ordinary Course of Trade
    Comment 7: Reallocation of Material Costs
    Comment 8: Adjustment for Hot-rolled Coil (HRC) Cost to Account 
for the Effects of a PMS
    Toscelik-Specific Issues
    Comment 9: Application of the PMS Adjustment to Toscelik's Costs
VI. Recommendation

[FR Doc. 2020-00964 Filed 1-21-20; 8:45 am]
 BILLING CODE 3510-DS-P