[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48374-48376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12403]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Circular Welded Carbon Steel Standard Pipe and Tube Products From 
T[uuml]rkiye: Preliminary Results of Antidumping Duty Administrative 
Review; 2022-2023

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. and Borusan 
Istikbal Ticaret T.A.S. (collectively, Borusan), an exporter subject to 
this administrative review, made sales of subject merchandise at less 
than normal value (NV) during the period of review (POR) May 1, 2022, 
through April 30, 2023. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable June 6, 2024.

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 July 12, 2023, based on timely request for a review, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated this 
administrative review of the antidumping duty order on circular welded 
carbon steel standard pipe and tube products from T[uuml]rkiye, 
covering one company, Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\1\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023); see also 
Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey, 51 FR 17784 (May 15, 1986) (Order).
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    On January 4, 2024, Commerce extended the preliminary results of 
this review by 120 days, until May 30, 2024.\2\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\3\
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    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
4, 2024.
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Circular Welded 
Carbon Steel Standard Pipe and Tube Products from T[uuml]rkiye; 
2022-2023'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order 4
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    \4\ See Order.
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    The merchandise covered by the Order is circular welded carbon 
steel standard pipe and tube products. The products covered by this 
Order are currently classified under the following Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings: 7306.30.1000, 
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 
and 7306.30.5090. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise covered by this Order is dispositive. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.\5\
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    \5\ 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. 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.\6\ A list of 
topics discussed in the Preliminary Decision Memorandum is included at 
the appendix 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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    \6\ Id.
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Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period May 1, 2022, through April 30, 
2023:

[[Page 48375]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan             5.67
 Istikbal Ticaret T.A.S \7\................................
------------------------------------------------------------------------

Assessment Rates
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    \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 (December 10, 2015). We determine that there 
is no evidence on the record of this review for altering our 
treatment of Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and 
Borusan Istikbal Ticaret T.A.S. as a single entity.
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    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\8\ 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.\9\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ 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,\10\ 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 valorem),\11\ if there is no 
rate for the intermediate company(ies) involved in the transaction.
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \11\ 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 subject 
merchandise exported by Borusan 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 subject merchandise exported by 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 a previous segment of this proceeding, but the producer is, then the 
cash deposit rate will be the company-specific rate established for the 
most recently completed segment for the producer of the merchandise; 
and (4) the cash deposit rate for all other producers and exporters 
will continue to be 14.74 percent, the all-others rate established in 
the underlying investigation.\12\
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    \12\ 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 under administrative protective order 
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).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\13\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the date for 
filing case briefs.\14\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\15\ All briefs must 
be filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety in ACCESS by 5:00 p.m. 
Eastern Time on the established deadline.
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    \13\ See 19 CFR 351.303 (for general filing requirements).
    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\16\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this review. We request that 
interested parties include footnotes for relevant citations in the 
public executive summary of each issue. Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), an 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

[[Page 48376]]

a hearing is made, Commerce intends to hold the hearing at a time and 
date to be determined.\18\ Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \18\ See 19 CFR 351.310(c)
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    All submissions to Commerce must be filed electronically using 
ACCESS \19\ and must also be served on interested parties.\20\ 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. Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\21\
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    \19\ See 19 CFR 351.303.
    \20\ See 19 CFR 351.303(f).
    \21\ 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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Final Results of Review

    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 this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

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

[FR Doc. 2024-12403 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P