Federal Register, Volume 88 Issue 109 (Wednesday, June 7, 2023)

[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37204-37206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12115]

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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 and Partial Rescission of Antidumping Duty
Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole mandatory respondent in this administrative
review, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan
Mannesmann) and Borusan Istikbal Ticaret T.A.S. (Istikbal)
(collectively, Borusan), a producer and exporter subject to this
administrative review, made sales of subject merchandise at less than
normal value during the period of review (POR) May 1, 2021, through
April 30, 2022. Additionally, based on timely withdrawal of requests
for review, we are rescinding this administrative review with respect
to all other companies for which we initiated an administrative review.
Interested parties are invited to comment on these preliminary results.

DATES: Applicable June 7, 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 July 14, 2022, based on timely requests for a review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated this
administrative review of the antidumping duty order \1\ on circular
welded carbon steel standard pipe and tube products from Turkey,
covering 19 companies.\2\ On August 30, 2022, Commerce selected Borusan
as the mandatory respondent for individual examination.\3\ On October
12, 2022, Nucor Tubular Products Inc. (Nucor), a petitioner in this
proceeding, withdrew its request for an administrative review

[[Page 37205]]

with respect to every company except Borusan.\4\
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\1\ Antidumping Duty Order; Welded Carbon Steel Standard Pipe
and Tube Products from Turkey, 51 FR 17784 (May 15, 1986) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated August 30,
2022.
\4\ See Nucor's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated October 12, 2022 (Nucor's Withdrawal
of Review Request).
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On January 13, 2023, Commerce extended the preliminary results of
this review by 120 days, until May 31, 2023.\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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\5\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated January 13, 2023
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Circular Welded
Carbon Steel Standard Pipe and Tube Products from Turkey; 2021-
2022'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Partial Rescission

Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. Nucor
timely withdrew its requests for an administrative review with respect
to each company listed in the Initiation Notice, other than Borusan.\7\
No other party requested a review of these companies. Accordingly, we
are rescinding this review, in part, with respect to these companies,
pursuant to 19 CFR 351.213(d)(1). The producers and/or exporters for
which we are rescinding the administrative review are listed in
Appendix II of this notice.
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\7\ See Nucor's Withdrawal of Review Request.
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Scope of the Order ⁸
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\8\ 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.\9\
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\9\ See 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.\10\ A list of
topics discussed in the Preliminary Decision Memorandum is included at
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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\10\ Id.
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No Shipment Claims

Between June 12 and August 15, 2022, 11 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.\11\ However, as indicated above, because Commerce is rescinding
this review for each company listed in the Initiation Notice, except
Borusan, Commerce has not made a determination of no shipments for
these companies.
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\11\ See Borusan's Letter, ``No Shipments Letter,'' dated August
15, 2022, in which the following companies certified that they had
no entries, exports, or sales of subject merchandise into the United
States during the POR: Istikbal, Borusan Birlesik Boru Fabrikalari
San ve Tic., Borusan Gemlik Boru Tesisleri A.S., Borusan Ihracat
Ithalat ve Dagitim A.S., Tubeco Pipe and Steel Corporation, and
Borusan Ithicat ve Dagitim A.S. See also Noksel [Ccedil]elik Boru
Sanayi A.[Scedil]. (Nokse), Letter, ``Anti-Dumping Administrative
Review (5/1/21-4/30/22),'' dated July 22, 2022, in which Noksel
certified that it had no entries, export or sales of subject
merchandise during the POR; and Boru Sanayi ve Ticaret A.[Scedil]'s
(Y[uuml]cel) Letter, ``Y[uuml]cel no shipments letter,'' dated June
12, 2022, in which it certified that Y[uuml]cel, Boru Sanayi ve
Ticaret A.[Scedil]., Y[uuml]cel Boru ve Profil End[uuml]strisi
A.[Scedil]., and their affiliated trading company, Y[uuml]celboru
Ihracat Ithalat ve Pazarlama A.[Scedil]. (collectively,
``Y[uuml]cel'') had no entries, export or sales of subject
merchandise during the POR:.
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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
Borusan single entity and we find no record evidence that warrants
altering this treatment.\12\ Therefore, because we find 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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\12\ 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 (December 10, 2015).
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Preliminary Results of Review

We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2021, through April 30,
2022:

------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 5.44
Istikbal Ticaret T.A.S....................................
------------------------------------------------------------------------

Assessment Rates

Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\13\ The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ 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 antidumping duties.
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, we will instruct CBP to liquidate such unreviewed
entries pursuant to the reseller policy,\15\ 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

[[Page 37206]]

valorem),\16\ if there is no rate for the intermediate company(ies)
involved in the transaction.
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\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR23954 (May 6, 2003).
\16\ See Order, 51 FR at 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 Borusan, which
is listed above, will be equal to this 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.\17\
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\17\ 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.\18\ 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.\19\
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.\20\ Executive summaries should be limited to five pages
total, including footnotes.\21\ Case and rebuttal briefs should be
filed using ACCESS and must be served on interested parties.\22\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\23\
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\18\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\19\ See 19 CFR 351.309(d)(1).
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
\21\ Id.
\22\ See 19 CFR 351.303.
\23\ 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.\24\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\24\ See 19 CFR 351.310(c).
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All submissions to Commerce must be filed electronically using
ACCESS \25\ and must also be served on interested parties.\26\ 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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\25\ See 19 CFR 351.303.
\26\ 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 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)(1) of the Act, and 19 CFR 351.221(b)(4).

Dated: May 31, 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. Partial Recission of Administrative Review
V. No Shipment Claims
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II--List of Companies for Which the Administrative Review Has
Been Rescinded

1. Borusan Birlesik Boru Fabrikalari San ve Tic.
2. Borusan Gemlik Boru Tesisleri A.S.
3. Borusan Holding
4. Borusan Ihracat Ithalat ve Dagitim A.S.
5. Borusan Ithicat ve Dagitim A.S.
6. Borusan Mannesmann Yatirim Holding
7. Cayirova Boru Sanayi ve Ticaret A.S.
8. [Ccedil]inar Boru Profil San. Ve Tic. A[scedil].
9. Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
10. Kale Ba[gbreve]lanti Teknolojileri San. ve Tic. A.[Scedil].
11. Noksel [Ccedil]elik Boru Sanayi A.[Scedil]
12. Toscelik Metal Ticaret A.[Scedil].
13. Tos[ccedil]elik Profil Ve Sac End[uuml]strisi A.[Scedil].
14. Tosyali Dis Ticaret A.S.
15. Tubeco Pipe and Steel Corporation
16. Yucel Boru ve Profil Endustrisi A.S.
17. Yucelboru Ihracat Ithalat ve Pazarlama A.S.

[FR Doc. 2023-12115 Filed 6-6-23; 8:45 am]
BILLING CODE 3510-DS-P