[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34242-34244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12087]


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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; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty (AD) order on circular 
welded carbon steel standard pipe and tube products (CWP) from Turkey. 
The period of review (POR) is May 1, 2020, through April 30, 2021. 
Commerce preliminarily determines that the producers/exporters subject 
to this review made sales of subject merchandise at less than normal 
value. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable June 6, 2022.

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

    On July 6, 2021, based on timely requests for a review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated this 
administrative review,\1\ covering 20 companies.\2\ 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).\3\ On January 11, 
2022, we extended the deadline for the preliminary results by 120 days 
to May 31, 2022.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 35481 (July 6, 2021) (Initiation 
Notice). In the Initiation Notice, we inadvertently omitted the name 
of a company for which a review was requested, Kale Baglanti 
Teknolojileri San. ve Tic. A.S., and included the name of Borusan 
Mannesmann Pipe U.S. Inc. (BMP), Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S.' affiliated U.S. reseller, which, itself, is not an 
exporter or producer of the subject merchandise. On May 19, 2022, 
Commerce published in the Federal Register a correction to the 
Initiation Notice, in which we identified these errors and announced 
a correction, by including the name of Kale Baglanti Teknolojileri 
San. ve Tic. A.S. and removing BMP from the list of companies 
covered by the initiation of an administrative review. See Circular 
Welded Carbon Steel Standard Pipe and Tube Products from Turkey: 
Correction to the Initiation Notice of the 2020-2021 Antidumping 
Duty Administrative Review, 87 FR 30453 (May 19, 2022).
    \2\ Id.
    \3\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products 
from Turkey: Respondent Selection,'' dated August 11, 2021. We note 
that in the Initiation Notice, there is a spelling error for 
Istikbal's name. Specifically, Istikbal's name should read ``Borusan 
Istikbal Ticaret T.A.S.,'' instead of ``Borusman Istikbal Ticaret 
T.A.S.,'' which is the name listed in the Initiation Notice based on 
review requests from Nucor Tubular Products Inc. (Nucor) and 
Wheatland Tube Company (Wheatland). Accordingly, we are correcting 
this spelling error for purposes of these preliminary results.
    \4\ See Memorandum, ``2020-2021 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 11, 2022.
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Scope of the Order \5\
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    \5\ Antidumping Duty Order; Welded Carbon Steel Standard Pipe 
and Tube Products from Turkey, 51 FR 17784 (May 15, 1986) (Order).
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    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.\6\
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    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Circular Welded 
Carbon Steel Standard Pipe and Tube Products from Turkey; 2020-
2021'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are 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.\7\ 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ Id.
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Preliminary Determination of No Shipments

    Between June 16 and August 5, 2021, 15 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.\8\
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    \8\ See Toscelik Profil ve Sac Endustrisi A.S.'s (Toscelik 
Profil) Letter, ``Circular Welded Carbon Steel Pipe from Turkey; 
Toscelik No Shipments Letter,'' dated June 18, 2021; Yucel Boru ve 
Profil Endustrisi A.[Scedil].'s Letter, ``Circular Welded Carbon 
Steel Pipe from Turkey; Yucel No Shipments Letter,'' dated June 18, 
2021; Cinar Boru Profil Sanayi ve Ticaret Anonim Sirketi's Letter, 
``Circular Welded Carbon Steel Pipes and Tubes from Turkey (A-489-
501),'' dated June 16, 2021; Erbosan Erciyas Boru Sanayi ve Ticaret 
A.S.'s Letter, ``No Shipment Certificate of Erbosan Erciyas Boru 
Sanayi ve Ticaret A.S. (``ERBOSAN''), dated July 1, 2021; and 
Borusan Mannesmann's Letter, ``Circular Welded Carbon Steel Pipes 
and Tubes from Turkey, Case No. A-489-501: No Shipments Letter,'' 
dated August 5, 2021. One of these 15 companies, Toscelik Spiral 
Boru Uretim A.S. (Toscelik Uretim), which is not subject to this 
review, voluntarily submitted a no shipment certification via 
Toscelik Profil's No Shipment Certification Letter. However, because 
this company is not subject to this review (i.e., no party requested 
a review of Toscelik Uretim), we have not evaluated its no shipment 
claim.
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    With respect to Istikbal, one of the companies which certified no 
shipments during the POR, we continue to find it to be part of the 
single entity, Borusan, and we find no record evidence that warrants 
altering this treatment.\9\ Therefore, because we find

[[Page 34243]]

that Borusan had shipments during this POR, we have not made a 
preliminary determination of no shipments with respect to Istikbal.
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    \9\ 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).
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    With respect to the remaining 13 companies that certified no 
shipments and are under review,\10\ U.S. Customs and Border Protection 
(CBP) did not have any information to contradict these claims of no 
shipments during the POR.\11\ 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,\12\ 
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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    \10\ As stated above, Toscelik Uretim is not under review and, 
therefore, we have not evaluated its no shipment claim.
    \11\ See Preliminary Decision Memorandum; see also Memorandum, 
``Welded Carbon Steel Standard Pipe and Tube Products from Turkey: 
Release of Customs and Border Protection Data,'' dated July 16, 
2021.
    \12\ 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 65694-95 (October 24, 2011); 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 Companies Not Individually Examined

    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; Noksel Celik Boru Sanayi A.S.; Kale Baglann Teknolojileri San. 
ve Tic. A.S.; and Kale Baglanti Teknolojileri San. ve Tic. A.S., remain 
subject to this administrative review because none of these five 
companies were selected as a mandatory respondent; \13\ the subject of 
a withdrawal of request for review, requested to participate as a 
voluntary respondent, or submitted a claim of no shipments. As such, 
these five companies remain as unexamined respondents. In accordance 
with section 735(c)(5)(A) of the Act, Commerce is assigning the 
weighted-average dumping margin of the mandatory respondent Borusan, 
13.79 percent, to the five non-selected companies in these preliminary 
results.
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    \13\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products 
from Turkey: Respondent Selection,'' dated August 11, 2021.
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Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period May 1, 2020, through April 30, 
2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan             13.79
 Istikbal Ticaret T.A.S.....................................
Borusan Holding.............................................       13.79
Borusan Mannesmann Yatirim Holding..........................       13.79
Kale Baglanti Teknolojileri San. ve Tic. A.S................       13.79
Kale Baglann Teknolojileri San. Ve Tic. A.S.................       13.79
Noksel Celik Boru Sanayi A.S................................       13.79
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, Ads on all appropriate entries covered by this 
review.\14\ The final results of this review shall be the basis for the 
assessment of ADs on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable.\15\
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    \14\ 19 CFR 351.212(b)(1).
    \15\ See section 751(a)(2)(C) of the Act.
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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).
    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 ADs.
    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 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,\16\ 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),\17\ 
if there is no rate for the intermediate company(ies) involved in the 
transaction.
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    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR23954 (May 6, 2003).
    \17\ See Order, 51 FR 17784.
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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

[[Page 34244]]

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 most recently completed segment 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.\18\
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    \18\ Id.
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    These cash 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.\19\ 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.\20\ 
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.\21\ Executive summaries should be limited to five pages 
total, including footnotes.\22\ Case and rebuttal briefs should be 
filed using ACCESS and must be served on interested parties.\23\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\24\
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    \19\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \20\ See 19 CFR 351.309(d)(1).
    \21\ See 19 CFR 351.309(c)(2) and (d)(2).
    \22\ Id.
    \23\ See 19 CFR 351.303.
    \24\ 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 within 30 days of publication 
of this notice. 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 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.\25\ Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \25\ See 19 CFR 351.310(c).
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    All submissions to Commerce must be filed electronically using 
ACCESS \26\ and must also be served on interested parties.\27\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the 
document is due.
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    \26\ See 19 CFR 351.303.
    \27\ See 19 CFR 351.303(f).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

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 ADs 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 ADs occurred and the subsequent assessment of double ADs.

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: May 27, 2022.
Lisa W. Wang,
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
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.; \28\
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    \28\ We note that Nucor, a petitioner in this proceeding, 
requested an administrative review for ``Yucelboru Ihracat Ithalat 
ve Pazarlama A.S.,'' whereas, the second petitioner, Wheatland, 
requested an administrative review for ``Yucelboru Ihracat ve 
Pazarlama A.S.'' (Yucelboru). Additionally, the Initiation Notice 
listed Yucelboru's name as listed in Wheatland's Request for an 
administrative review (i.e., ``Yucelboru Ihracat vs Pazarlama 
A.S.''). Accordingly, we reference Yucelboru's name as listed in the 
Initiation Notice for purposes of these preliminary results.
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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; and
13. Borusan Ithicat ve Dagitim A.S.

[FR Doc. 2022-12087 Filed 6-3-22; 8:45 am]
BILLING CODE 3510-DS-P