[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Pages 15190-15192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05814]


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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; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers

[[Page 15191]]

and/or exporters subject to this administrative review made sales of 
subject merchandise at less than normal value during the period of 
review (POR), May 1, 2018, through April 30, 2019.

DATES: Applicable March 22, 2021.

FOR FURTHER INFORMATION CONTACT: Magd Zalok, 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.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review on July 23, 2020.\1\ This administrative review covers 21 
producers and/or exporters of the subject merchandise.\2\ Commerce 
selected Borusan for individual examination.\3\ The producers/exporters 
not selected for individual examination are listed in the ``Final 
Results of the Review'' section of this notice.
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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; 
2018-2019, 85 FR 44509 (July 23, 2020) (Preliminary Results).
    \2\ 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); Toscelik Profil ve Sac Endustrisi A.S. (Toscelik 
Endustrisi), Tosyali Dis Ticaret A.S. (Tosyali Ticaret), and 
Toscelik Metal Ticaret A.S. (Toscelik Metal) (collectively, 
Toscelik); 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).
    \3\ 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 determined 
that there is no evidence in this proceeding's 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 administrative review.
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days.\5\ On September 15, 
2020, we received a case brief from Borusan.\6\ On September 30, 2020, 
we received rebuttal briefs from the petitioner.\7\
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    \4\ 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.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Borusan's Letter, ``Circular Welded Carbon Steel Pipes 
and Tubes from Turkey, Case No. A-489-501: Case Brief,'' dated 
September 15, 2020.
    \7\ The petitioner is Wheatland Tube. See Petitioner's Letter, 
``Welded Carbon Steel Standard Pipe and Tube Products from Turkey: 
Rebuttal Brief,'' dated September 30, 2020.
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    On January 13, 2021, Commerce extended the final results of this 
review by 60 days.\8\ The deadline for the final results of this review 
is now March 18, 2021.
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    \8\ See Memorandum, ``2018-2019 Antidumping Duty Administrative 
Review of Circular Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated January 13, 2021.
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    Commerce conducted this administrative review in accordance with 
section 751 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 from Turkey. For a full description of the 
scope, see the Issues and Decision Memorandum (IDM).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed in this 
administrative review are addressed in the IDM. A list of the topics 
discussed in the IDM is appended to this notice. The IDM is a public 
document and is available electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Services System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov. In addition, a complete version of the IDM is 
also accessible at http://enforcement.trade.gov/frn/index.html. The 
signed IDM and the electronic version of the IDM are identical in 
content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made no 
changes to the preliminary weighted-average margin calculations for 
Borusan and for those companies not selected for individual review.\9\
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    \9\ See accompanying IDM.
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Final Determination of No Shipment

    In the Preliminary Results, we found that the following eight 
companies made no shipment of the subject merchandise to the United 
States during the POR: (1) Cinar Boru; (2) Noksel Selik; (3) Cayirova; 
(4) Yucel; (5) Yucelboru; (6) Toscelik Endustrisi A.S.; (7) Tosyali 
Ticaret; and (8) Toscelik Metal. No parties commented on this 
determination. For the final results of review, we continue to find 
that these companies made no shipment of subject merchandise to the 
United States during the POR.

Final Results of the Review

    As a result of this administrative review, we are assigning the 
following weighted-average dumping margins to the manufacturers/
exporters listed below for the period of May 1, 2018 through April 30, 
2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        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
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the

[[Page 15192]]

Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.\10\ Commerce calculated importer-specific ad valorem AD 
assessment rates for Borusan by aggregating for each importer 
identified for the reported sales, the total amount of dumping 
calculated for the sales for which that importer was identified and 
dividing each of these amounts by the total entered value of those 
sales. Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review where an importer-specific 
assessment rate is not zero or de minimis.
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    \10\ In these final results, Commerce applied the assessment 
rate calculation methodology adopted in Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 
8101 (February 14, 2012).
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    In this review, we have 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 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.
    For entries of subject merchandise during the POR produced by 
Borusan for which it did not know its merchandise was destined for the 
United States, and for entries associated with the seven companies for 
which Commerce found ``no shipments'' during the POR, Commerce will 
instruct CBP to liquidate such unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transactions.\11\
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    \11\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\12\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \12\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review in 
the Federal Register for all shipments of subject merchandise entered, 
or withdrawn from warehouse for consumption on or after the date of 
publication of the notice, as provided by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rate for Borusan is equal to the weighted-
average dumping margin determined in the final results of review; (2) 
for previously reviewed or investigated companies not listed in the 
table above, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter was not covered in this review, a prior 
completed review, or the investigation, but the producer was covered, 
the cash deposit rate will be the rate established in the most recently 
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 14.74 percent ad valorem, the all-others 
rate established in the investigation in this proceeding.\13\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \13\ 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 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 POR entries. Failure to comply with this requirement 
could result in Commerce's presumption that reimbursement of 
antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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 or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and 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) of the Act and 19 CFR 351.221(b)(5).

    Dated: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the IDM

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: High Inflation Methodology
    Comment 2: Section 232 Duties
V. Recommendation

[FR Doc. 2021-05814 Filed 3-19-21; 8:45 am]
BILLING CODE 3510-DS-P