[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:
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Weighted-average
Producer or exporter dumping margin
(percent)
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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
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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