[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75596-75598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26746]



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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; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) determines that sales of 
circular welded carbon steel standard pipe and tube products from 
Turkey were made at less than normal value (NV) during the period of 
review (POR) May 1, 2020, through April 30, 2021.

DATES: Applicable December 9, 2022.

FOR FURTHER INFORMATION CONTACT: Magd Zalok, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4162.

SUPPLEMENTARY INFORMATION: 

Background

    On June 6, 2022, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ These final results cover 20 
companies for which an administrative review was initiated and not 
rescinded. 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\ The producers/exporters not selected for individual 
examination are listed in the ``Final Results of the Review'' section 
of this notice. On July 6, 2022, Borusan and Wheatland Tube Company 
(Wheatland), the petitioner, submitted case briefs.\3\ On July 13, 
2022, Borusan and Wheatland submitted their rebuttal briefs.\4\ On 
September 20, 2022, we extended the deadline for the final results by 
59 days to December 2, 2022.\5\ Commerce conducted this review in 
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act).
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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; 
2020-2021, 87 FR 34242 (June 6, 2022) (Preliminary Results).
    \2\ See Memorandum, ``Respondent Selection,'' dated August 11, 
2021.
    \3\ See Borusan's Letter, ``BMB's Case Brief,'' dated July 6, 
2022 (Borusan's Case Brief); see also Wheatland's Letter, ``Case 
Brief,'' dated July 6, 2022 (Wheatland's Case Brief); and Nucor 
Tubular Products Inc.'s (Nucor Tubular) Letter, ``Case Brief,'' 
dated July 6, 2022. Nucor Tubular is a domestic producer and 
interested party under 19 U.S.C. 1677(9)(C). Its letter concurs with 
and adopts by reference the arguments set forth in Wheatland's Case 
Brief.
    \4\ See Borusan's Letter, ``BMB's Rebuttal Brief,'' dated July 
13, 2022 (Borusan's Rebuttal Brief); see also Wheatland's Letter, 
``Rebuttal Brief,'' dated July 13, 2022 (Wheatland's Rebuttal 
Brief); and Nucor Tubular's Letter, ``Rebuttal Brief,'' dated July 
13, 2022, in which Nucor Tubular states that it concurs with and 
adopts by reference the arguments set forth in Wheatland's Rebuttal 
Brief.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2020-2021,'' dated September 
20, 2022.
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Scope of the Order \6\
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    \6\ See 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 scope of the Order covers circular welded carbon steel standard 
pipe and tube products from Turkey. A full description of the scope of 
the Order is contained in the Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Results of the 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 (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum. A 
list of the issues addressed in the Issues and Decision Memorandum is 
in the appendix to this notice. The Issues and 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 Issues 
and Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, we made certain 
changes from the Preliminary Results.

Determination of No Shipments

    In the Preliminary Results, we found that the following 13 
companies made no shipments of the subject merchandise to the United 
States during the POR: (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) and Borusan Ithicat ve Dagitim 
A.S. No parties commented on this determination.\8\ For the final 
results of review, we continue to find that these companies made no 
shipments of subject merchandise to the United States during the POR.
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    \8\ One of the companies that filed a no-shipments claim, 
Toscelik Spiral Boru Uretim A.S. (Toscelik Uretim), is not subject 
to this review and has voluntarily submitted a no-shipment 
certification via Toscelik Profil's No-Shipment Certification 
Letter. However, as explained in the Preliminary Results, 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-shipments 
claim.
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    With respect to Istikbal, one of the companies that certified no 
shipments 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 determination 
of no shipments with respect to Istikbal.

Rate for Non-Selected Respondents

    For the rate for non-selected respondents in an administrative 
review, 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. 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{time} .'' In this segment of 
the proceeding, we calculated a margin for Borusan that was not zero, 
de minimis, or based on facts available. Accordingly, we have applied 
the margin calculated for Borusan to the non-individually examined 
respondents.

Final Results of Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period May 1, 2020, through April 
30, 2021:

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------------------------------------------------------------------------
                                                       Weighted- average
                Exporter/manufacturer                   dumping margin
                                                           (percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S./                    15.56
 Borusan Istikbal Ticaret T.A.S.....................
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    Rate Applicable to the Following Non-Selected
                      Companies
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Borusan Holding.....................................               15.56
Borusan Mannesmann Yatirim Holding..................               15.56
Kale Baglanti Teknolojileri San. ve Tic. A.S........               15.56
Kale Baglann Teknolojileri San. Ve Tic. A.S.........               15.56
Noksel Celik Boru Sanayi A.S........................               15.56
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Commerce shall determine 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. For Borusan, we calculated importer-specific assessment rates 
on the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of those 
sales in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific assessment rate is de minimis (i.e., less than 0.5 percent), 
the entries by that importer will be liquidated without regard to 
antidumping duties. 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, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\9\ For the 
companies identified above that were not selected for individual 
examination, we will instruct CBP to liquidate entries at the rates 
established in these final results of review.
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    \9\ 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 for estimated antidumping 
duties will be effective upon publication of this notice for all 
shipments of circular welded carbon steel standard pipe and tube 
products from Turkey entered, or withdrawn from warehouse, for 
consumption on or after the date of publication as provided by section 
751(a)(2) of the Act: (1) the cash deposit rate for the companies 
subject to this review will be equal to the company-specific weighted-
average dumping margin established in the final results of the review; 
(2) for merchandise exported by producers or exporters 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 in the completed segment for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original investigation, but the producer has been covered in a 
prior completed segment of this proceeding, then the cash deposit rate 
will be the rate established in the completed segment for the most 
recent period for the producer of the merchandise; (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 less-than-fair-value 
investigation of this proceeding.\10\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \10\ See Order, 51 FR 17784.
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Notification to Importers

    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 entries during this POR. 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 Regarding Administrative Protective 
Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction or return of proprietary information 
disclosed under 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 destruction or 
return 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Particular Market Situation
    Comment 2: Section 232 Duties
    Comment 3: Differential Pricing
    Comment 4: Allocation of Indirect Selling Expenses
    Comment 5: Correction of Errors

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VI. Recommendation

[FR Doc. 2022-26746 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P