[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 45957-45959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17529]


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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; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. 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 August 17, 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 is conducting an administrative review of the antidumping 
duty order on circular welded carbon steel standard pipe and tube 
products (welded pipe and tube) from Turkey. The period of review (POR) 
is May 1, 2019, through April 30, 2020. Commerce published the notice 
of initiation of this administrative review on July 10, 2020.\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, 85 FR 41540 (July 10, 2020) (Initiation 
Notice).
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    This review covers 20 companies. The sole mandatory respondent in 
this administrative review is Borusan Mannesmann Boru Sanayi ve Ticaret 
A.S. (Borusan Mannesmann) and Borusan Istikbal Ticaret T.A.S. 
(Istikbal) (collectively, Borusan).\2\ On March 25, 2021, we extended 
the deadline for the preliminary results by 120 days to July 30, 
2021.\3\ For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\4\ A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as Appendix I to this notice. The 
Preliminary Decision Memorandum 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 http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.
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    \2\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products 
from Turkey: Respondent Selection,'' dated September 22, 2020.
    \3\ See Memorandum, ``2019-2020 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 March 25, 2021.
    \4\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Circular Welded 
Carbon Steel Standard Pipe and Tube Products from Turkey; 2019-
2020'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is circular welded carbon 
steel standard pipe and tube products. For a complete description of 
the scope of the order, see 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.

Preliminary Determination of No Shipments

    Between June 3, and August 14, 2021, 14 companies timely submitted 
letters to Commerce certifying that they had no sales, shipments, or 
entries of the subject merchandise to the United States during the 
POR.\5\
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    \5\ See Toscelik's Letter, ``Circular Welded Carbon Steel Pipe 
from Turkey; Toscelik No Shipments Letter,'' dated June 3, 2020, see 
also Yucel's Letter, ``Circular Welded Carbon Steel Pipe from 
Turkey; Yucel No Shipments Letter,'' dated June 3, 2020; Yucel's 
Letter, ``Circular Welded Carbon Steel Pipe from Turkey; Comments 
Regarding No-Shipment Letters,'' dated September 22, 2020; Cinar 
Boru Profil Sanayi ve Ticaret Anonim Sirketi's Letter, ``Circular 
Welded Carbon Steel Pipes and Tubes from Turkey (A-489-501),'' dated 
June 19, 2020; Erbosan Erciya Boru Sanayi ve Ticaret A.S.'s Letter, 
``No Shipment Certification of Erbosan Erciyas Boru Sanayi ve 
Ticaret A.S. (``ERBOSAN'') in the 2019-2020 Administrative Review of 
the Antidumping Duty Order Involving Certain Welded Carbon Steel 
Standard Pipe from Turkey,'' dated July 9, 2020; Borusan's Letter, 
``Circular Welded Carbon Steel Pipes and Tubes from Turkey, Case No. 
A-489-501: No Shipments Letter,'' August 14, 2020.
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    With respect to Istikbal, one of the companies that certified no 
shipment during the POR, we continue to find Istikbal to be part of the 
single entity, Borusan, and we find no record 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 Istikbal.
    With respect to the remaining 13 companies that certified no 
shipment, U.S. Customs and Border Protection (CBP) did not have any 
information to contradict these claims of no shipment

[[Page 45958]]

during the POR.\6\ Therefore, we preliminarily determine that the 
companies listed in Appendix II did not have shipments of subject 
merchandise during the POR. Consistent with our practice,\7\ Commerce 
finds that it is not appropriate to rescind the review with respect to 
these 13 companies but, rather, to complete the review and issue 
appropriate instructions to CBP based on the final results of this 
review.
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    \6\ See Preliminary Decision Memorandum; see also Memorandum, 
``Welded Carbon Steel Standard Pipe and Tube Products from Turkey: 
U.S. Customs and Border Protection Information for 2019-2020 Review 
Period,'' dated August 12, 2020.
    \7\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Turkey: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipment; 2017-2018, 84 FR 34863 (July 19, 2019), and 
accompanying Preliminary Decision Memorandum at 4; see also Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping 
Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the 
``Assessment Rates'' section, below, and 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).
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Rates 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 calculating the all-others rate in a market 
economy 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.
    Five companies, Borusan Holding, Borusan Mannesmann Yatirim Holding 
(Borusan Yatirim), Kale Baglann Teknolojileri San. ve Tic. A.S. (Kale 
Baglann), Kale Baglanti Teknolojileri San. ve Tic. A.S. (Kale 
Baglanti), and Noksel Celik Boru Sanayi A.S. (Noksel Celik) remain 
subject to this administrative review because none of these five 
companies: (1) Was selected as a mandatory respondent; \8\ (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 five companies remain as unexamined 
respondents.
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    \8\ 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 26.22 percent for Borusan for the period May 1, 2019, 
through April 30, 2020. We assigned 26.22 percent, the weighted-average 
dumping margin of the mandatory respondent Borusan to the five non-
selected companies in these preliminary results, as referenced below.
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    \9\ This rate is based on the rate calculated for Borusan.

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan             26.22
 Istikbal Ticaret T.A.S.................................
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 Review-Specific Average Rate Applicable to the Following Companies \9\
------------------------------------------------------------------------
Borusan Holding.........................................           26.22
Borusan Mannesmann Yatirim Holding......................           26.22
Kale Baglanti Teknolojileri San. ve Tic. A.S............           26.22
Kale Baglann Teknolojileri San. Ve Tic. A.S.............           26.22
Noksel Celik Boru Sanayi A.S............................           26.22
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Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\10\ The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by this review and for future deposits of estimated duties, 
where applicable.\11\ 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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    \10\ 19 CFR 351.212(b)(1).
    \11\ See section 751(a)(2)(C) of the Act.
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    Pursuant to 19 CFR 351.212(b)(1), where an examined respondent'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 an importer-specific ad valorem duty assessment rate based on 
the ratio of the total amount of dumping calculated for the U.S. sales 
for a given importer to the total entered value of those sales. Where a 
mandatory respondent did not report entered value, we calculate the 
entered value in order to calculate the assessment rate. Where either 
the respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), 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.
    For the companies that were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem rate equal to each company's weighted-average dumping margin 
determined in the final results of this review.
    For entries of subject merchandise during the POR produced by 
Borusan for which it did not know that its merchandise was destined for 
the United States and for all entries

[[Page 45959]]

attributed to companies that we find had no shipments during the POR, 
we will instruct CBP to liquidate such unreviewed entries pursuant to 
the reseller policy,\12\ i.e., the assessment rate for such entries 
will be equal to the all-others rate established in the investigation 
(i.e., 14.74 percent ad valorem),\13\ if there is no rate for the 
intermediate company(ies) involved in the transaction.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \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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Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the 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 specific 
company listed above will be equal to each company's weighted-average 
dumping margin established in the final results of this review, (except 
if the ad valorem rate is de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero); (2) 
for previously investigated companies not participating in this review, 
the cash deposit will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, or the underlying investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the completed segment for the most recent POR for the producer of 
the 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 underlying investigation.\14\
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    \14\ Id.
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice in accordance 
with 19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\15\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not 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 encouraged to submit with each argument: (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 and must be served on interested parties.\19\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\20\
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    \15\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \16\ See 19 CFR 351.309(d)(1).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2).
    \18\ Id.
    \19\ See 19 CFR 351.303.
    \20\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), any interested party who wishes to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Hearing 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 issues raised in the briefs. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined.\21\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \21\ See 19 CFR 351.310(c).
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    An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within 
30 days after the date of publication of this notice.\22\
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    \22\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
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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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
    A. Comparison of Normal Value
    B. Level of Trade
    C. Affiliated Party and Arm's-Length Test
    D. Cost of Production Analysis
VII. Currency Conversion
VIII. Recommendation

Appendix II

List of Companies With No Shipments During the Period of Review

1. Toscelik Profil ve Sac Endustrisi A.S.
2. Tosyali Dis Ticaret A.S.
3. Toscelik Metal Ticaret A.S.
4. Cayirova Boru Sanayi ve Ticaret A.S.
5. Yucel Boru ve Profil Endustrisi A.S.
6. Yucelboru Ihracat ve Pazarlama A.S.
7. Cinar Boru Profil San Ve Tic. AS
8. Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
9. Borusan Birlesik Boru Fabrikalari San ve Tic
10. Borusan Gemlik Boru Tesisleri A.S.
11. Borusan Ihracat Ithalat ve Dagitim A.S.
12. Tubeco Pipe and Steel Corporation
13. Borusan Ithicat ve Dagitim A.S.

[FR Doc. 2021-17529 Filed 8-16-21; 8:45 am]
BILLING CODE 3510-DS-P