[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2606-2608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00672]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Circular Welded Carbon Steel Standard Pipe and Tube Products From 
Turkey: Amended Final Results of Antidumping Duty Administrative 
Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its 
final results in the administrative review of the antidumping duty 
order on circular welded carbon steel standard pipe and tube products 
(pipe and tube products) from Turkey for the period May 1, 2020, 
through April 30, 2021, to correct a ministerial error.

DATES: Applicable January 17, 2023.

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 December 9, 2022, Commerce published the final results of the 
2020-2021 administrative review of pipe and tube products from 
Turkey.\1\ On December 7, 2022, Commerce granted interested parties in 
this administrative review the opportunity to provide comments on any 
ministerial errors found in the margin calculation for the final 
results, in accordance with 19 CFR 351.224(c)(2).\2\ On December On 
December 12, 2022, Commerce received a timely filed allegation from 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann) and 
Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, Borusan), the 
respondent in this administrative review, alleging that Commerce made a 
ministerial error in the Final Results regarding its calculation of the 
final dumping margin.\3\ We received ministerial error rebuttal 
comments from Wheatland Tube (Wheatland), a petitioner in this 
administrative review.\4\ Based on our analysis of the allegation, we 
determine that we made a ministerial error and have made changes to the 
calculation of the weighted-average dumping margin for Borusan and for 
the non-individually examined respondents.\5\
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    \1\ See 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, 87 FR 75596 (December 9, 2022) (Final Results), and 
accompanying Issues and Decision Memorandum.
    \2\ See Commerce's Letter, ``2020-2021 Administrative Review of 
the Antidumping Duty Order on Welded Carbon Steel Standard Pipe and 
Tube Products from Turkey: Final Results Disclosure for Borusan,'' 
dated December 12, 2022.
    \3\ See Borusan's Letter, ``Circular Welded Carbon Steel Pipes 
and Tubes from Turkey, Case No. A-489-501: BMB Ministerial Error 
Allegation,'' dated December 12, 2022 (Ministerial Allegation).
    \4\ See Wheatland's Letter, ``Circular Welded Carbon Steel 
Standard Pipe and Tube Products from Turkey: Ministerial Error 
Rebuttal Comments,'' dated December 19, 2022.
    \5\ See Memorandum, ``Amended Final Results of the 2020-2021 
Antidumping Duty Administrative Review on Circular Welded Carbon 
Steel Standard Pipe and Tube Products from Turkey: Allegation of 
Ministerial Error,'' dated concurrently with, and hereby adopted by, 
this notice (Ministerial Error Memorandum).
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Scope of the Order

    The products covered by this order are welded carbon steel standard 
pipe and tube products with an outside diameter of 0.375 inches or more 
but not over 16 inches of any wall thickness, and are currently 
classified under the following Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25, 
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 
7306.30.50.90. Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the order 
is dispositive. These products, commonly referred to in the industry as 
standard pipe or tube, are produced to various ASTM specifications, 
most notably A-120, A-53, or A-135.

Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.''
    Borusan argues that Commerce incorrectly set the beginning date for 
the margin and home market calculation programs to the months of the 
period of review (POR), thereby, omitting certain reported U.S. sales 
that Borusan sold prior to the POR but entered the United States during 
the POR.\6\ We agree with Borusan that Commerce made an unintentional 
error within the meaning of section 751(h) of the Act and 19 CFR 
351.224(f) and, therefore, we have corrected the error by amending the

[[Page 2607]]

Final Results pursuant to section 751(h) of the Act and 19 CFR 
351.224(e).\7\ Specifically, we corrected the beginning date in the 
margin and home market calculation programs to capture U.S. sales that 
were entered during, but sold prior to, the POR.\8\
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    \6\ See Ministerial Allegation.
    \7\ See Ministerial Error Memorandum.
    \8\ Id.
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    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\9\ The Ministerial Error Memorandum is on file 
electronically via ACCESS. ACCESS is available to registered users at 
https://access.trade.gov. As a result, the weighted-average dumping 
margin for Borusan changes from 15.56 percent to 12.80 percent. 
Furthermore, the rate for the companies not selected for individual 
examination, which is based on the margin calculated for Borusan, also 
changes from 15.56 percent to 12.80 percent.\10\
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    \9\ Id.
    \10\ The rate applied to the non-selected companies is based on 
Borusan's dumping margin for the period May 1, 2020, through April 
30, 2021, as no other company was selected for review. See Final 
Results, 87 FR at 75597.
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Amended Final Results of Review

    Commerce determines that the following amended 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             12.80
 Istikbal Ticaret T.A.S.................................
Rate Applicable to the Following Non-Selected Companies:
    Borusan Holding.....................................           12.80
    Borusan Mannesmann Yatirim Holding..................           12.80
    Kale Baglanti Teknolojileri San. ve Tic. A.S........           12.80
    Kale Baglann Teknolojileri San. Ve Tic. A.S.........           12.80
    Noksel Celik Boru Sanayi A.S........................           12.80
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Disclosure

    We will disclose the calculation memorandum used in our analysis to 
parties to this segment of the proceeding within five days of the date 
of the publication of these amended final results pursuant to 19 CFR 
351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of the administrative review.
    In accordance with 19 CFR 351.212(b)(1), 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. Where an importer-specific antidumping 
duties assessment rate is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), Commerce will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. Commerce's 
``automatic assessment'' will apply to entries of subject merchandise 
during the POR produced by companies included in these final results of 
review for which the reviewed companies did not know that the 
merchandise they sold to the intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, 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.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the weighted-average dumping margins 
determined in these amended final results.
    The amended final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the amended final results of this review and for future deposits of 
estimated duties, where applicable.\12\ Consistent with its recent 
notice,\13\ Commerce intends to issue appropriate assessment 
instructions directly to CBP no earlier than 35 days after the date of 
publication of the amended 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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    \12\ See section 751(a)(2)(C) of the Act.
    \13\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after December 9, 
2022, the date of publication 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 respondents noted above will be equal to 
the weighted-average dumping margins established in the amended final 
results of this administrative review; (2) for merchandise exported by 
producers or exporters not covered in this administrative review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company specific rate published for the most 
recently completed segment of this proceeding; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject 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 less-than-
fair-value investigation.\14\ These cash deposit

[[Page 2608]]

requirements, when imposed, shall remain in effect until further 
notice.
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    \14\ See Large Power Transformers from the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the period of review. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties did occur and the subsequent assessment of doubled antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: January 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-00672 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-DS-P