[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Pages 18035-18037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07171]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-815]


Light-Walled Rectangular Pipe and Tube From Turkey: Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that there were no suspended entries of merchandise subject to the 
antidumping duty (AD) order on light-walled rectangular pipe and tube 
(LWRPT) from Turkey during the period May 1, 2019, through April 30, 
2020 from any of the companies under review. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable April 7, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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) 482-0835.

SUPPLEMENTARY INFORMATION: 

Background

    On May 28, 2020, domestic interested party Nucor Tubular Products 
Inc. (Nucor) requested an administrative review of the AD order on 
LWRPT from Turkey.\1\ The period of review (POR) is May 1, 2019, 
through April 30, 2020. On July 10, 2020, Commerce initiated the 
requested review with respect to six companies: Cinar Boru Profil 
Sanayi ve Ticaret A.S., Intermetal International Metal L.L.C., Parker 
Steel Company, Inc., Parker Steel International, Tata Steel Nederland 
Tubes BV, and Van Leeuwen Precisie B.V.\2\
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    \1\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube 
from Turkey: Request for Administrative Review,'' dated May 28, 
2020.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020).
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    Commerce queried U.S. Customs and Border Protection (CBP) data to 
identify suspended entries of subject merchandise entered, or withdrawn 
from warehouse, for consumption during the POR from the companies under 
review. On July 27, 2020,

[[Page 18036]]

Commerce placed the results of its CBP data query on the record.\3\ The 
CBP data show no suspended entries of subject merchandise during the 
POR associated with the companies under review.\4\ Commerce requested 
comments from interested parties on the CBP data.\5\ No party commented 
on the CBP data or on respondent selection.
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    \3\ See Memorandum, ``Antidumping Duty Administrative Review of 
Light-Walled Rectangular Pipe and Tube from Turkey: Automated 
Commercial System Shipment Query,'' dated July 27, 2020.
    \4\ Id.
    \5\ Id.
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    On November 25, 2020, Nucor alleged that entries of merchandise 
during the POR that may be subject merchandise were misreported as 
entries of non-subject merchandise.\6\ Nucor provided information which 
it believes supports its allegation.\7\ Nucor requested that Commerce 
forward such information to CBP for further investigation.
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    \6\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube 
from Turkey: Request to Refer Information to U.S. Customs and Border 
Protection for Non-Payment of Duties--Submission of Other Factual 
Information,'' dated November 25, 2020.
    \7\ Id.
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Scope of the Order

    The merchandise subject to this order is certain welded carbon 
quality light-walled steel pipe and tube, of rectangular (including 
square) cross section, having a wall thickness of less than 4 mm. The 
term carbon-quality steel includes both carbon steel and alloy steel 
which contains only small amounts of alloying elements. Specifically, 
the term carbon-quality includes products in which none of the elements 
listed below exceeds the quantity by weight respectively indicated: 
1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent 
of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of 
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of 
zirconium. The description of carbon-quality is intended to identify 
carbon-quality products within the scope. The welded carbon-quality 
rectangular pipe and tube subject to this order is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7306.61.5000 and 7306.61.7060. While HTSUS subheadings are 
provided for convenience and CBP's customs purposes, our written 
description of the scope of the order is dispositive.

Methodology

    As noted above, CBP data show that there were no suspended entries 
of subject merchandise during the POR associated with the six companies 
under review. Section 751(a)(2) of the Tariff Act of 1930, as amended 
(the Act), instructs Commerce that, when conducting an administrative 
review, it is to determine the dumping margin for entries during the 
relevant period and establish a revised cash deposit rate for estimated 
antidumping duties for future entries of subject merchandise. Given 
that the evidence shows that there are no suspended entries of subject 
merchandise during the POR from the six companies under review, we have 
not calculated or otherwise determined a weighted-average dumping 
margin or revised the cash deposit rate for these six companies in this 
administrative review.

Allegation of Misreported Entries

    Nucor has alleged that certain merchandise from companies under 
review that was entered into the United States during the POR was 
misreported to CBP as non-subject merchandise when it may be subject 
merchandise. Nucor requested that Commerce refer this matter, and the 
evidence that it provided in support of its claim, to CBP for 
investigation.
    Commerce is committed to preventing the evasion of antidumping 
duties and takes allegations, such as the one made by Nucor, seriously. 
The issue raised by Nucor falls within the jurisdiction of CBP and is 
best addressed by CBP.\8\ Consequently, concurrent with this notice, we 
have referred this allegation of potential misclassification and/or 
fraud to CBP with the supporting evidence provided by Nucor.
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    \8\ See Globe Metallurgical Inc., v. United States, 722 F. Supp. 
2d 1372, 1381 (CIT 2010).
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Preliminary Results of Review

    Commerce has not calculated a weighted-average dumping margin for 
any of the six companies for which this review was initiated because 
there are no suspended entries of subject merchandise during the POR 
for these six companies.

Disclosure and Public Comment

    Because Commerce has not calculated weighted-average dumping 
margins for these preliminary results, there are no calculations to 
disclose to interested parties.
    Interested parties are invited to comment on these preliminary 
results of the 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 in the Federal Register. 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.\9\ 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.\10\ Executive 
summaries should be limited to five pages total, including 
footnotes.\11\ Case and rebuttal briefs should be filed using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\12\ Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\13\
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    \9\ 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).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ Id.
    \12\ See 19 CFR 351.303.
    \13\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the date of publication of this notice in the 
Federal Register. Interested parties who wish to request a hearing must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, by the deadline noted 
above. If a hearing is requested, Commerce will notify interested 
parties of the hearing date and time. Requests for a hearing should 
contain: (1) The requesting party's name, address, and telephone 
number; (2) the number of individuals from the requesting party's firm 
that will attend the hearing; and (3) a list of the issues the party 
intends to discuss at the hearing. Issues raised in the hearing will be 
limited to those issues raised in the respective case and rebuttal 
briefs.
    Unless we extend the deadline for the final results of this review, 
we intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in their briefs, within 120 days of the date of publication of this 
notice in the Federal Register.\14\
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    \14\ See section 751(a)(3)(A) of the Act; and 19 CFR 
351.213(h)(1).
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Assessment

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries in 
accordance with

[[Page 18037]]

19 CFR 351.212(b)(1). For any entries found to be associated with the 
six companies under review, we will instruct CBP to liquidate such 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction, consistent with Commerce's 
reseller policy.\15\
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    \15\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
entries of LWRPT from Turkey entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the notice 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 six 
companies under review will continue to be equal to the company-
specific weighted-average dumping margin established for each company 
in the most recently completed segment of this proceeding (except, if 
the rate is de minimis, i.e., less than 0.5 percent, then the cash 
deposit will be zero percent) or, if a company-specific weighted-
average dumping margin has not been established for the company, the 
cash deposit rate will continue to be equal to the all-others rate; (2) 
for merchandise exported by a company not covered in this review but 
covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for that company in the most recently completed segment of this 
proceeding in which the company was included; (3) if the exporter of 
the subject merchandise does not have its own rate but the producer has 
its own rate, the cash deposit rate will be the rate established in the 
most recently completed segment of the proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 27.04 percent, the all-
others rate established in the less-than-fair-value investigation.\16\
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    \16\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73 
FR 19814 (April 11, 2008).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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.

Notification to Interested Parties

    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 351.213(h)(1).

    Dated: April 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-07171 Filed 4-6-21; 8:45 am]
BILLING CODE 3510-DS-P