[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48386-48389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12406]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-833]


Large Diameter Welded Pipe From the Republic of T[uuml]rkiye: 
Preliminary Results and Rescission, in Part, 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 large diameter welded pipe (welded pipe) from the 
Republic of T[uuml]rkiye (T[uuml]rkiye) is not being sold in the United 
States at less than normal value (NV) during the period of review

[[Page 48387]]

(POR), May 1, 2022, through April 30, 2023. We are also partially 
rescinding this review with respect to nine companies which had no 
entries in the U.S. Customs and Border Protection data. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable June 6, 2024.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-7425.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce published in the Federal Register the 
antidumping duty (AD) order on welded pipe from T[uuml]rkiye.\1\ On 
July 12, 2023, Commerce initiated an administrative review of the Order 
covering 12 companies, in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).\2\ On January 10, 2024, we extended 
the deadline for the preliminary results of this review to May 30, 
2024.\3\
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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); and 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 (June 9, 2020) 
(Amended Final Determination) (collectively, Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2022-2023,'' 
dated January 10, 2024.
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    For details regarding the events that occurred subsequent to the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included in 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.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Large 
Diameter Welded Pipe from the Republic of 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

    The merchandise covered by the Order is welded pipe from 
T[uuml]rkiye. For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no entries of subject merchandise 
during the POR for which liquidation is suspended.\5\ Normally, upon 
completion of an administrative review, the suspended entries are 
liquidated at the AD assessment rate calculated for the review 
period.\6\ Therefore, for an administrative review of a company to be 
conducted, there must be a suspended entry that Commerce can instruct 
and U.S. Customs and Border Protection (CBP) to liquidate at the AD 
assessment rate calculated for the POR.\7\
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    \5\ See, e.g., Large Diameter Welded Pipe from Greece: 
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89 
FR 4274 (January 23, 2024).
    \6\ See 19 CFR 351.212(b)(2).
    \7\ See 19 CFR 351.213(d)(3).
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    On January 26, 2024, we notified parties of our intent to rescind 
this administrative review, in part, with respect to the nine companies 
listed in Appendix II because there were no suspended entries of 
subject merchandise produced or exported by these companies during the 
POR and invited interested parties to comment.\8\ No parties commented 
on our intent to rescind the review, in part. In the absence of any 
suspended entries of subject merchandise from these companies during 
the POR, we are rescinding the administrative review for the companies 
listed in Appendix II, in accordance with 19 CFR 351.213(d)(3).
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    \8\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated January 26, 2024.
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1) and (2) of the Act. We calculated constructed export price in 
accordance with section 772(b) of the Act. We calculated NV in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum.

Rate for Company Not Selected for Individual Examination

    The Act and Commerce's regulations do not address the rate 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 a less-than-fair value (LTFV) investigation, for 
guidance when calculating the rate 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 an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely on the basis of facts available.
    Where the weighted-average dumping margins for individually 
examined respondents are zero, de minimis, or determined 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 . . .'' In this review, Commerce preliminarily calculated 
a weighted-average dumping margin of zero percent for HDM Celik Boru 
Sanyai Ve Ticaret A.S (HDM).\9\ Therefore, we are preliminarily 
assigning a rate of zero percent to Emek Boru Makine Sanayi ve Ticaret 
A.S. (Emek Boru), the company not selected for individual examination 
in this review, in accordance with section 735(c)(5)(B) of the Act.
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    \9\ We note that we preliminarily assigned HDM's weighted-
average dumping margin to Cimtas Boru Imalatlari ve Ticaret, Ltd. 
(Cimtas) pursuant to section 773(e) of the Act. For further 
discussion, see the Preliminary Decision Memorandum at ``Cimtas' 
Further Manufactured U.S. Sales.''
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Preliminary Results of the Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period of May 1, 2022, through 
April 30, 2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
HDM Celik Boru Sanyai Ve Ticaret A.S \10\...............            0.00
Cimtas Boru Imalatlari ve Ticaret, Ltd..................            0.00

[[Page 48388]]

 
Emek Boru Makine Sanayi ve Ticaret A.S..................            0.00
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Disclosure and Public Comment
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    \10\ Commerce initiated this review on both HDM and HDM Spiral 
Kaynakli Celik Boru A.S. (HDM Spiral). See Initiation Notice, 88 FR 
at 44269. However, in the LTFV investigation, we found that HDM 
acquired HDM Spiral on October 31, 2017, and 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).
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    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of 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.\11\ Rebuttal briefs, 
limited to issues raised in case briefs, may be filed no later than 
five days after the date for filing case briefs.\12\ 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.\13\ 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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    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ 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).
    \13\ 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.\14\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, no 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 results in this administrative 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).\15\
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    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the 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.\16\
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    \16\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. 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.\17\ 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).
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    \17\ See section 751(a)(2)(C) of the Act.
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    Pursuant to 19 CFR 351.212(b)(1), because HDM reported the entered 
value for its U.S. sales, we calculated importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for the importer's examined sales to the 
total entered value of those same sales. Where either HDM's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by HDM for which it did 
not know that the merchandise it sold to an intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate those 
entries at the all-others rate (i.e., 1.57 percent) \18\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\19\
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    \18\ See Amended Final Determination, 85 FR at 35263.
    \19\ 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 both Emek Boru, the company that was not selected for 
individual examination, and Cimtas, we intend to assign an assessment 
rate equal to the weighted-average dumping margin calculated in the 
final results of this review for HDM.
    For the companies listed in Appendix II for which we are rescinding 
this review, we will instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends 
to issue these rescission instructions to CBP no earlier than 35 days 
after the date of publication of this notice in the Federal Register.

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 
de minimis (i.e., less than 0.50 percent), 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 rate will 
continue to be the company-specific rate published for the most 
recently-completed segment of this proceeding in

[[Page 48389]]

which they were examined; (3) if the exporter is not a firm covered in 
this review, a prior review, or the LTFV 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 merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 1.57 percent, the all-others rate 
established in the Amended Final Determination.\20\
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    \20\ See Amended Final Determination, 85 FR at 35263.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review including the results of its 
analysis of issues raised in written briefs, no later than 120 days 
after the date of publication of this notice in the Federal Register, 
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing 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, 19 CFR 351.213, and 
351.221(b)(4).

    Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy 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. Cimtas' Further Manufactured U.S. Sales
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

Companies for Which Commerce Is Rescinding This Review

1. Cagil Makina San ve Tic A.S.
2. Erciyas Celik Boru Sanayi A.S.
3. Mazlum Mangtay Boru Son. Ins. Tar. Urn. San. ve Tic. A.S.
4. Noksel Celik Boru Sanayi A.S.
5. Ozbal Celik Boru San. Tic. Ve TAAH A.S.
6. Spirally Welded Steel Pipe Inc.
7. Toscelik Profil ve Sac End. A.S.
8. Toscelik Spiral Boru Uretim A.S.
9. Umran Celik Boru Sanayii A.S.

[FR Doc. 2024-12406 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P