[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 52911-52913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18677]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-822]


Welded Line Pipe From the Republic of Turkey: Preliminary 
Determination of No Shipments and Partial Rescission of the Antidumping 
Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti (Cimtas), the only 
company subject to review, had no shipments of subject merchandise 
during the period of review (POR), December 1, 2020, through November 
30, 2021. In addition, we are rescinding this administrative review 
with respect to companies for which requests for review were timely 
withdrawn. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable August 30, 2022.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4161.

SUPPLEMENTARY INFORMATION:

Background

    In December 2015, Commerce published in the Federal Register an 
antidumping duty order on welded line

[[Page 52912]]

pipe from the Republic of Turkey.\1\ On December 1, 2021, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order for the POR.\2\ On December 30, 
2021, Commerce received timely requests to conduct an administrative 
review of the Order, in accordance with section 751(a)(1) of the Tariff 
Act of 1930, as amended (the Act), from Maverick Tube Corporation, 
IPSCO Tubulars Inc., American Cast Iron Pipe Company, Dura-Bond 
Industries, and Stupp Corporation, a division of Stupp Bros., Inc. 
(collectively, the domestic interested parties).\3\ Based on these 
requests, on February 4, 2022, Commerce initiated an administrative 
review of the Order with respect to 19 companies.\4\ That same day, 
consistent with the Initiation Notice, Commerce released data from U.S. 
Customs and Border Protection (CBP) for purposes of respondent 
selection and provided interested parties an opportunity to comment on 
these data by February 11, 2022.\5\ Commerce received no comments on 
the CBP Data. In January and February 2022, four companies submitted 
certifications of no shipments.\6\
---------------------------------------------------------------------------

    \1\ See Welded Line Pipe from the Republic of Korea and the 
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December 
1, 2015) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 86 FR 68215 (December 1, 2021).
    \3\ See Maverick Tube Corporation and IPSCO Tubulars Inc.'s 
Letter, ``Welded Line Pipe from the Turkey: Request for 
Administrative Review,'' dated December 30, 2021; and American Cast 
Iron Pipe Company, Dura-Bond Industries, and Stupp Corporation, a 
division of Stupp Bros., Inc.'s Letter, ``Welded Line Pipe from 
Turkey: Request for Administrative Review,'' dated December 30, 
2021.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 6487, 6491 (February 4, 2022) 
(Initiation Notice).
    \5\ Id., 87 FR at 6487; see also Memorandum, ``Release of U.S. 
Customs and Border Protection Entry Data,'' dated February 4, 2022 
(CBP Data).
    \6\ See [Ccedil]ayirova Boru Sanayi ve Ticaret A.S. and 
Yucelboru Ihracat Ithalat ve Pazarlama A.S.'s Letter, ``Line pipe 
from Turkey; Yucel No Shipments Letter,'' dated January 4, 2022; 
Toscelik Profile and Sheet Industry, Co. and Tosyal[inodot] Dis 
Ticaret A.S.'s Letter, ``Line pipe from Turkey; Toscelik No-
Shipments letter,'' dated January 4, 2022; Noksel [Ccedil]elik Boru 
Sanayi A.S.'s Letter, ``Welded Line Pipe from Turkey (A-489-822): 
Anti-Dumping Duty Order Administrative Review (12/1/20--11/30/21),'' 
dated February 11, 2022; and Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S.'s Letter, ``Welded Line Pipe from Turkey, Case No. A-
489-822: Notification of No Shipments,'' dated February 16, 2022.
---------------------------------------------------------------------------

    On March 4, 2022, Cimtas informed Commerce that it: (1) had not 
made any reviewable shipments or sales of the subject merchandise to 
the United States during POR; and (2) had no physical entries and/or no 
reviewable entries of subject merchandise to the United States during 
this period.\7\
---------------------------------------------------------------------------

    \7\ See Cimtas's Letter, ``Welded Line Pipe from Turkey: No 
(Reviewable) Shipment Letter,'' dated March 4, 2022 (Cimtas No 
Shipment Letter).
---------------------------------------------------------------------------

    In April 2022, the domestic interested parties timely withdrew 
their requests for review with respect to 18 companies.\8\ As a result, 
Cimtas is the only company that remains subject to this review.
---------------------------------------------------------------------------

    \8\ See Maverick Tube Corporation and IPSCO Tubulars Inc.'s 
Letter, ``Welded Line Pipe from Turkey: Partial Withdrawal of 
Request for Administrative Review of Antidumping Duty Order,'' dated 
April 20, 2022; and American Cast Iron Pipe Company, Dura-Bond 
Industries, and Stupp Corporation, a division of Stupp Bros., Inc.'s 
Letter, ``Welded Line Pipe from Turkey: Partial Withdrawal of 
Request for Administrative Review,'' dated April 21, 2022 
(collectively, Withdrawal Request). For the list companies, for 
which the request for review was timely withdrawn, see the appendix 
to this notice.
---------------------------------------------------------------------------

    On May 16, 2022, domestic interested parties requested that 
Commerce conduct verification in this administrative review.\9\
---------------------------------------------------------------------------

    \9\ See ALPPA Welded Line Pipe Committee's Letter, ``Welded Line 
Pipe from Turkey: Request for Verification,'' dated May 16, 2022 
(Verification Request).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are circular welded carbon and 
alloy steel (other than stainless steel) pipe of a kind used for oil or 
gas pipelines (welded line pipe), not more than 24 inches in nominal 
outside diameter, regardless of wall thickness, length, surface finish, 
end finish, or stenciling. Welded line pipe is normally produced to the 
American Petroleum Institute (API) specification 5L, but can be 
produced to comparable foreign specifications, to proprietary grades, 
or can be non-graded material. All pipe meeting the physical 
description set forth above, including multiple-stenciled pipe with an 
API or comparable foreign specification line pipe stencil is covered by 
the scope of this Order.
    The welded line pipe that is subject to the Order is currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 7305.12.1030, 
7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 
7306.19.5110, and 7306.19.5150. The subject merchandise may also enter 
in HTSUS 7305.11.1060 and 7305.12.1060. While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the Order is dispositive.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce ``will rescind an 
administrative review . . . in whole or in part, if a party that 
requested the review withdraws the request within 90 days of the date 
of publication of notice of initiation of the requested review.'' On 
April 20, 2022, the domestic interested parties timely withdrew their 
requests for an administrative review of the 18 companies listed in the 
appendix to this notice.\10\ Because no other party requested a review 
of these companies, we are rescinding this review, in part, with 
respect to these companies, pursuant to 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------

    \10\ See Withdrawal Request.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on CBP's response to Commerce's no-shipment inquiry \11\ and 
the certifications provided by Cimtas,\12\ we preliminarily determine 
that the company had no shipments and, therefore, no reviewable 
entries, of subject merchandise during the POR. Consistent with 
Commerce's practice, we will not rescind the review with respect to 
Cimtas, but rather, will complete the review and issue appropriate 
instructions to CBP based on the final results of the review.\13\
---------------------------------------------------------------------------

    \11\ See Memorandum, ``Welded Line Pipe from the Republic of 
Turkey; No Shipment Inquiry for Cimtas Boru Imalatlari ve Ticaret, 
Ltd. Sti. during the period 12/01/2020 through 11/30/2021,'' dated 
July 22, 2022.
    \12\ See Cimtas No Shipment Letter.
    \13\ See, e.g., Polyethylene Terephthalate Film, Sheet, and 
Strip from Taiwan: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2018-2019, 85 FR 74673 (November 23, 2020), unchanged in 
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan: Final Results of Antidumping Duty Administrative Review; 
2018-2019, 86 FR 14311 (March 15, 2021).
---------------------------------------------------------------------------

Verification

    Pursuant to 19 CFR 351.307(b)(1)(v), Commerce ``will verify factual 
information'' relied upon in the final results of an administrative 
review if: (A) ``{a{time}  domestic interested party, not later than 
100 days after the date of publication of the notice of initiation of 
review, submits a written request for verification; and (B) 
{Commerce{time}  conducted no verification . . . during either of the 
two immediately preceding administrative reviews.'' \14\ 19 CFR 
351.307(b)(1)(iv) also states that Commerce will verify if the 
Secretary decides that ``good cause for verification exists.'' Here, 
Commerce received the domestic interested parties' verification

[[Page 52913]]

request in a timely manner. However, Commerce verified the information 
provided by Cimtas in the immediately preceding administrative review 
of this Order. Thus, pursuant 19 CFR 351.307(b)(1)(v)(B), Commerce will 
not verify the relevant factual information in the instant review.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.307(b)(1)(v).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on these preliminary 
results and may submit case briefs or other written comments to 
Commerce no later than 30 days after the date of publication of this 
notice.\15\ Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than seven days after the deadline for case 
briefs.\16\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case 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.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.309(c)(1)(ii).
    \16\ See 19 CFR 351.309(d)(1) and (2); 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).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS) within 30 days after the 
date of publication of this notice.\17\ Hearing requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of 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 date and time to be determined.\18\ Parties should 
confirm the date, time, and location of the hearing two days before the 
scheduled date.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS by 5 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.\19\
---------------------------------------------------------------------------

    \19\ See Temporary Rule.
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice in the Federal Register, unless otherwise extended.\20\
---------------------------------------------------------------------------

    \20\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment

    Commerce will instruct CBP to liquidate any suspended entries for 
the 18 companies listed in the appendix to this notice at the rate in 
effect at the time of entry. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of this recission notice in the Federal Register.
    For Cimtas, 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

    If the final results of review continue to find that Cimtas had no 
shipments during the POR, there will be no change to the existing cash 
deposit requirements.

Notification to Importers

    This notice serves as a preliminary 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 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) of the Act and 19 CFR 351.213(d).

    Dated: August 23, 2022.
Lisa W Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

1. Borusan Istikbal Ticaret
2. Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\21\
---------------------------------------------------------------------------

    \21\ The Initiation Notice inadvertently misspelled Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. as ``Borusan Mannesmann Boru 
Sanayi ve Ticaret A.''
---------------------------------------------------------------------------

3. Cayirova Boru Sanayii ve Ticaret A.S.
4. Emek Boru Makina Sanayi ve Ticaret A.S.
5. Erbosan Erciyas Tube Industry and Trade Co. Inc.
6. Erciyas Celik Boru Sanayii A.S.
7. Guven Celik Boru Sanayii ve Ticaret Ltd. Sti.
8. Has Altinyagmur celik Boru Sanayii ve Ticaret Ltd. Sti.
9. HDM Steel Pipe Industry & Trade Co. Ltd.
10. Metalteks Celik Urunleri Sanayii
11. MMZ Onur Boru Profil Uretim Sanayii ve Ticaret A.S.
12. Noksel Steel Pipe Co. Inc.
13. Ozbal Celik Boru
14. Toscelik Profile and Sheet Industry, Co.
15. Tosyali Dis Ticaret A.S.
16. Umran Celik Boru Sanayii
17. YMS Pipe & Metal Sanayii A.S.
18. Yucelboru Ihracat Ithalat Pazzarlam

[FR Doc. 2022-18677 Filed 8-29-22; 8:45 am]
BILLING CODE 3510-DS-P