[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85592-85593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26937]


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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; 2021-
2022

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

SUMMARY: The U.S. 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, 2021, through April 30, 2022.

DATES: Applicable December 8, 2023.

FOR FURTHER INFORMATION CONTACT: Paul Kebker, 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) 482-2254.

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 2023, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ These final results cover one 
producer and exporter of subject merchandise for which an 
administrative review was initiated and not rescinded. The sole 
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\ On July 7, 2023, 
Borusan submitted a case brief.\3\ On July 14, 2023, Wheatland Tube 
Company (Wheatland), a domestic producer and interested party, 
submitted a rebuttal brief.\4\ On September 6, 2023, Commerce extended 
the deadline for the final results by 57 days to December 1, 2023.\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 and Partial Rescission of 
Antidumping Duty Administrative Review; 2021-2022, 88 FR 37204 (June 
7, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products 
from Turkey: Respondent Selection,'' dated August 30, 2022.
    \3\ See Borusan's Letter, ``BMB's Case Brief,'' dated July 7, 
2023 (Borusan's Case Brief).
    \4\ See Wheatland's Letter, ``Rebuttal Brief,'' dated July 14, 
2023 (Wheatland's Rebuttal Brief).
    \5\ See Memorandum, ``Circular Welded Carbon Steel Standard Pipe 
and Tube Products from Turkey: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated September 6, 2023.
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    On October 12, 2022, Nucor Tubular Products Inc. (Nucor), a 
petitioner in this proceeding, withdrew its request for an 
administrative review with respect to every company except Borusan.\6\ 
With respect to Istikbal, one of the companies which claimed no 
shipments during the POR, we continue \7\ to find it to be part of the 
single entity, Borusan, and we find no record evidence that warrants 
altering this treatment. Further, no party presented comments 
addressing this issue in their case briefs. Therefore, because we find 
that Borusan had shipments during this POR, we have not made a 
determination of no shipments with respect to Istikbal and the 
withdrawal of request for review is moot.
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    \6\ See Nucor's Letter, ``Partial Withdrawal of Request for 
Administrative Revew,'' dated October 12, 2022.
    \7\ In prior segments of this proceeding, we treated Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret 
T.A.S. as a single entity. 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, 76674 n.2 (December 10, 2015).
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Scope of the Order 8
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    \8\ 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.\9\
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    \9\ 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; 2021-2022,'' 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 
provided 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.\10\
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    \10\ Id.
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Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average

[[Page 85593]]

dumping margin exists for the period May 1, 2021, through April 30, 
2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan             5.27
 Istikbal Ticaret T.A.S....................................
------------------------------------------------------------------------

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.\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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    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.\12\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \12\ 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 Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to 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.

Notification to Interested Parties

    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 1, 2023.
Abdelali Elouaradia,
Deputy 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: Whether Commerce Must Account for Borusan's Cost 
Recovery Pursuant to Statute
    Comment 2: Whether Commerce Must Perform the Export Subsidy 
Offset in the Final Results
    Comment 3: Whether Commerce's Application of its Differential 
Pricing Methodology is Contrary to Law
VI. Recommendation

[FR Doc. 2023-26937 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P