[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44509-44512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15957]


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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; 2018-2019

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 24, 2020.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Robert Bolling, 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) 482-3434, 
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, 2018 through April 30, 2019. Commerce published the notice of 
initiation of this administrative review on July 15, 2019.\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, 84 FR 33739 (July 15, 2019).
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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

[[Page 44510]]

ve Sac Endustrisi A.S. (Toscelik Endustrisi), Tosyali Dis Ticaret A.S. 
(Tosyali Ticaret), 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. A.S. (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), Kale 
Baglann Teknolojileri San. Ve Tic. A.S. (Kale Baglann), Borusan 
Istikbal Ticaret (Istikbal Ticaret) and Cinar Boru Profil San. ve Tic. 
As (Cinar Boru). The sole mandatory respondent in this administrative 
review is Borusan.\4\ On January 16, 2020, we extended the deadline for 
the preliminary results by 117 days to May 27, 2020.\5\ Moreover, on 
April 24, 2020, Commerce tolled all deadlines in administrative reviews 
by 50 days, thereby extending the deadline for these results until July 
16, 2020.\6\
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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). 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 Welded Carbon Steel Standard Pipe and Tube Products 
from Turkey: Respondent Selection,'' dated August 28, 2019 
(Respondent Selection Memorandum).
    \5\ See Memorandum, ``2018-2019 Antidumping Duty Administrative 
Review of Circular Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey: Extension of Deadline for Preliminary Results 
of Antidumping Duty Administrative Review,'' dated January 16, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\7\
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    \7\ 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.
    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. 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 June 26, 2019, and July 22, 2019, Cinar Boru and Noksel Selik, 
respectively, submitted letters to Commerce certifying that they had no 
sales, shipments, or entries of the subject merchandise to the United 
States during the POR.\8\ Similarly, on July 30, 2019, 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 States during the POR.\9\ Moreover, on July 
31, 2019, Toscelik 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.\10\ On July 18, 2019, Commerce obtained 
U.S. Customs and Border Protection (CBP) data for U.S. imports of 
Circular Welded Carbon Steel Standard Pipe and Tube Products From 
Turkey entering under case number A-489-501 during the period May 1, 
2018 through April 30, 2019, for all parties for which it initiated 
this administrative review. \11\ 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 Cinar 
Boru, Noksel Selik, Cayirova, Yucel, Yucelboru, Toscelik Endustrisi 
A.S., Tosyali Ticaret, and Toscelik Metal each had no reviewable 
transactions during the POR. Consistent with our practice, we are not 
preliminarily rescinding the review with respect to these eight 
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.\12\ Further, while we received no information from CBP 
regarding the existence of entries of subject merchandise from Borusan 
Istikbal during the POR, we continue to find Borusan Istikbal to be 
part of the single entity, Borusan, and we find no record

[[Page 44511]]

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, eleven companies, Borusan Birlesik; Borusan 
Gemlik; BMBYH; Borusan Ihracat; Borusan Ithicat; BMYH; Tubeco; Erbosan; 
Kale Baglanti; Kale Baglann; and Istikbal Ticaret remain subject to 
this administrative review because none of these eleven companies: (1) 
Was selected as a mandatory respondent; \13\ (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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    \8\ See Cinar Boru's Letter, ``Circular Welded Carbon Steel 
Pipes and Tubes from Turkey (A-489-501),'' dated June 26. 2019; see 
also Noksel's Letter, ``Circular Welded Carbon Steel Pipes and Tubes 
(A-489-501) Anti-Dumping Duty Administrative Review (5/1/18--4/30/
19),'' dated July 22, 2019.
    \9\ See Cayirova, Yucel, and Yucelboru's Letter, ``Circular 
Welded Carbon Steel Pipes and Tubes from Turkey; Notification of No 
Shipments,'' dated July 30, 2019.
    \10\ See Toscelik's Letter, ``Circular Pipe from Turkey; 
Toscelik No Shipment Letter,'' dated July 31, 2019.
    \11\ See Memorandum, ``Circular Welded Carbon Steel Standard 
Pipe and Tube from Turkey: Release of Customs and Border Protection 
Data,'' dated July 25, 2019.
    \12\ 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).
    \13\ 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 12.03 percent for Borusan for the period May 1, 2018 
through April 30, 2019. We assigned 12.03 percent, the weighted-average 
dumping margin of the mandatory respondent Borusan to the eleven non-
selected companies 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             12.03
 Istikbal Ticaret T.A.S.....................................
Borusan Birlesik Boru Fabrikalari San ve Tic................       12.03
Borusan Gemlik Boru Tesisleri A.S...........................       12.03
Borusan Holding.............................................       12.03
Borusan Ihracat Ithalat ve Dagitim A.S......................       12.03
Borusan Ithicat ve Dagitim A.S..............................       12.03
Borusan Mannesmann Yatirim Holding..........................       12.03
Tubeco Pipe and Steel Corporation...........................       12.03
Erbosan Erciyas Boru Sanayi ve Ticaret A.S..................       12.03
Kale Baglanti Teknolojileri San. ve Tic. A.S................       12.03
Kale Baglann Teknolojileri San. Ve Tic. A.S.................       12.03
Istikbal Ticaret............................................       12.03
------------------------------------------------------------------------

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 Borusan'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 Borusan'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 Cinar Boru, Noksel Selik, Cayirova, Yucel, 
Yucelboru, Toscelik Endustrisi A.S., Tosyali Ticaret, and Toscelik 
Metal, 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 parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate.\14\ In 
this review, we have preliminarily calculated weighted-average dumping 
margin of 12.03 percent for Borusan. When only one weighted-average 
dumping margin for the individually investigated respondents is not 
zero, de minimis, or based entirely on facts available, the rate for 
companies that we did not individually examine will be equal to that 
single weighted-average dumping margin. Accordingly, we have 
preliminarily assigned to Borusan Birlesik; Borusan Gemlik; BMBYH; 
Borusan Ihracat; Borusan Ithicat; BMYH; Tubeco; Erbosan; Kale Baglanti; 
Kale Baglann; and Istikbal Ticaret, companies not individually examined 
in this review a margin of 12.03 percent, which is the calculated 
weighted average dumping margin of Borusan.
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    \14\ 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 deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of standard pipe 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 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.\15\ These cash 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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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 seven days after the 
time limit for filing case briefs.\16\ 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.\17\ Executive summaries 
should be limited to five pages total, including footnotes.\18\ Case 
and rebuttal briefs should be filed using ACCESS.\19\
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    \16\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2).
    \18\ Id.
    \19\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing

[[Page 44512]]

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, Commerce intends 
to hold the hearing at a time and date to be determined.
    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.\20\
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    \20\ See section 751(a)(3)(A) of the Act.
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    An electronically filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\21\
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    \21\ See Temporary Rule.
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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.
    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 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Rates for Respondents Not Selected for Individual Examination
5. Preliminary Results of No Shipments
6. Discussion of Methodology
    Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    Product Comparisons
    Date of Sale
    Treatment of Duties Under Section 232 of the Trade Expansion Act 
of 1962
    Export Price
    Constructed Export Price
    Duty Drawback
    Normal Value
    A. Home Market Viability as Comparison Market
    B. Level of Trade
    C. Affiliated Party Transactions and the Arm's Length Test
    D. Cost of Production Analysis
     a. Cost Averaging Methodology
     b. Calculation of COP
     c. Test of Comparison Market Sales Prices
     d. Results of the COP Test
     e. Calculation of Normal Value Based on Comparison Market 
Prices
     f. Calculation of Normal Value Based on Constructed Value
7. Currency Conversion
8. Recommendation

[FR Doc. 2020-15957 Filed 7-22-20; 8:45 am]
BILLING CODE 3510-DS-P