[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37017-37019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12026]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-833]


Large Diameter Welded Pipe From the Republic of Turkey: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that large diameter welded pipe (welded pipe) from the 
Republic of Turkey (Turkey) is not being sold in the United States at 
less than normal value (NV) during the period of review (POR) May 1, 
2021, through April 30, 2022. Additionally, Commerce preliminarily 
determines that four companies for which we initiated a review had no 
shipments during the POR. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0208.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
order on welded pipe from Turkey.\1\ On May 1, 2022, Commerce published 
in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On July 14, 2022, based on a 
timely request for review, in accordance with 19 CFR 351.221(c)(1)(i), 
Commerce initiated an administrative review of the Order.\3\ This 
review covers 14 producers or exporters of the subject merchandise. 
Commerce selected HDM Celik Boru Sanayi Ve Ticaret A.S. (HDM Celik),\4\ 
the only company with suspended entries of subject merchandise during 
the POR, as the mandatory respondent in this review.\5\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\6\
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    \1\ See Large Diameter Welded Pipe from the Republic of Turkey: 
Amended Final Affirmative Antidumping Duty Determination and 
Antidumping Duty Order, 84 FR 18799 (May 2, 2019) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
    \4\ In the less-than-fair-value (LTFV) investigation, Commerce 
found that, in 2017, after HDM Celik acquired HDM Spiral Kaynakli 
Celik Boru A.S. (HDM Spiral), HDM Spiral ceased to exist. See Large 
Diameter Welded Pipe from the Republic of Turkey: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 83 FR 43646, 43647 (August 27, 2018), unchanged 
in Large Diameter Welded Pipe from the Republic of Turkey: Final 
Determination of Sales at Less Than Fair Value, 84 FR 6362 (February 
27, 2019).
    \5\ See Memorandum, ``Respondent Selection,'' dated August 2, 
2022.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Large Diameter Welded Pipe from the Republic of 
Turkey,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by this Order is welded pipe.\7\ The 
product is currently classifiable in the Harmonized Tariff Schedule of 
the United States (HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 
7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 
7305.19.1060, 7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 
and 7305.39.5000. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this Order is dispositive.
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    \7\ For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
NV 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. 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.

Preliminary Determination of No Shipments

    Among the companies under review, [Ccedil]imta[scedil] Boru 
Imalatiral Ticaret Ltd (Cimtas); Noksel Celik Boru Sanayi A.S. 
(Noksel); and Toscelik Profil ve Sac End. A.S. (AKA Toscelik Profile 
and Sheet Ind. Co.) (Toscelik Profil) and Toscelik Spiral Boru Uretim 
A.S. (Toscelik Spiral) properly filed statements that they made no 
shipments of subject merchandise to the United States during the 
POR.\8\ Based on their certifications and our analysis of U.S. Customs 
and Border Protection (CBP) information, we preliminarily determine 
that Cimtas, Noksel, Toscelik Profil, and Toscelik Spiral had no 
shipments during the POR.\9\ Consistent with our practice, we are not 
preliminarily rescinding the review with respect to the companies. 
Instead, we will complete the review and issue

[[Page 37018]]

appropriate instructions to CBP based on the final results of this 
review.\10\
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    \8\ See Toscelik Profil's and Toscelik Spiral's Letter, ``No 
Shipments Letter,'' dated June 12, 2022; Noksel's Letter, ``No 
Shipments Letter,'' dated July 27, 2022; and Cimtas' Letter, ``No 
Shipments Letter,'' dated August 12, 2022.
    \9\ See Memorandum, ``No Shipment Inquiry for Multiple Companies 
During the period 05/01/2021 through 04/30/2022,'' dated January 9, 
2023.
    \10\ See, e.g., Welded Line Pipe from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2019-2020, 87 FR 928 
(January 7, 2022), unchanged in Welded Line Pipe from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review; 
2019-2020, 87 FR 38061 (June 27, 2022).
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Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the period May 1, 
2021, through April 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
HDM Celik Boru Sanayi Ve Ticaret A.S........................        0.00
Companies Not Selected for Individual Examination...........        0.00
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Rate for Companies Not Selected for Individual Examination

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin 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 an 
LTFV investigation, for guidance when calculating the weighted-average 
dumping margin 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 equal to the weighted average 
of the estimated weighted-average dumping margins established for 
exporters and producers individually examined, excluding rates that are 
zero, de minimis (i.e., less than 0.5 percent), or determined entirely 
on the basis of facts available.
    Where the dumping margin for individually examined respondents are 
all zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method to establish the estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted average dumping margins determined for the exporters 
and producers individually investigated.''
    In this review, Commerce preliminarily determines that the 
weighted-average dumping margin for HDM Celik is zero percent. 
Therefore, in accordance with section 735(c)(5)(B) of the Act, we are 
preliminarily applying a rate of zero percent to the companies not 
selected for individual examination because we calculated a rate of 
zero percent for the mandatory respondent. The companies not selected 
for individual examination are listed in Appendix II.

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.\11\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\12\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\13\ Parties who submit 
case briefs or rebuttal briefs in this review 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.\14\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\15\ An electronically-
filed document must be received successfully in its entirety by 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.\16\
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    \15\ See 19 CFR 351.303.
    \16\ 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), 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 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. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\18\
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    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310(d).
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Final Results of Review

    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.\19\
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    \19\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\20\ Pursuant to 19 CFR 351.212(b)(1), 
because HDM Celik reported the entered value for all of its U.S. sales, 
for HDM Celik we intend to calculate importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for the examined sales for each importer 
to the total entered value of those sales. Where the respondent's 
weighted-average dumping margin is zero or de minimis within the 
meaning of 19 CFR 351.106(c), 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.
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    \20\ See 19 CFR 351.212(b)(1).
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    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by HDM Celik for which it 
did not know that the merchandise it 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 involved in the transaction.\21\
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    \21\ For a full discussion of this practice, 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 intend to assign an antidumping duty assessment rate 
equal to the weighted-average dumping margin calculated in the final 
results of this review for HDM Celik. Further, if we continue to find 
in the final results that [Ccedil]imta[scedil], Noksel, Toscelik 
Profil, and Toscelik Spiral had no shipments of subject merchandise 
during the POR, we will instruct CBP to liquidate any suspended entries 
that entered under their antidumping duty case numbers (i.e., at that 
exporter's rate) at the all-others rate if there is no

[[Page 37019]]

rate for the intermediate company(ies) involved in the transaction.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of subject merchandise during the POR, 
and for future cash deposits of estimated antidumping duties, where 
applicable. 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 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 the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, 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 reviewed or investigated companies not covered by 
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 LTFV 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 subject 
merchandise; and (4) the cash deposit rate for all other producers and 
exporters will continue to be 1.57 percent, the all-others rate 
established in the amended final determination of the LTFV 
investigation.\22\
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    \22\ See Large Diameter Welded Pipe from the Republic of Turkey: 
Notice of Court Decision Not in Harmony With Amended Final 
Determination in the Less-Than-Fair-Value Investigation; Notice of 
Amended Final Determination Pursuant to Court Decision; and Notice 
of Revocation of Antidumping Duty Order, in Part, 85 FR 35262, 35263 
(June 9, 2020) (Amended Final Determination).
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice 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 the 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.

    Dated: May 30, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\23\
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    \23\ Subject merchandise produced and exported by Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan) was excluded from 
the order effective June 1, 2020. See Amended Final Determination, 
85 FR at 35264. Commerce also stated in this notice that it would 
not initiate a new review of Borusan's entries. Accordingly, Borusan 
is only covered by this administrative review for subject 
merchandise produced in Turkey where Borusan acted as either the 
producer or exporter, but not both.
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2. Borusan Istikbal Ticaret
3. Cagil Makina San ve Tic A.S. AKA Cagil Makina A.S.
4. Spirally Welded Steel Pipe Inc.
5. Emek Boru Makina Sanayi ve Ticaret A.S.
6. Erciyas Celik Boru Sanayi A.S.
7. Mazlum Mangtay Boru Son. Ins. Tar. Urn. San. ve Tic. A.S.
8. Ozbal Celik Boru San. Tic. Ve TAAH A.S.
9. Umran Celik Boru Sanayii A.S.

[FR Doc. 2023-12026 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P