[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48379-48381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12439]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-834]


Large Diameter Welded Pipe From the Republic of T[uuml]rkiye: 
Preliminary Results and Rescission, in Part, of Countervailing Duty 
Administrative Review; 2022

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


SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies were provided to producers 
and exporters of large diameter welded pipe (welded pipe) from the 
Republic of T[uuml]rkiye (T[uuml]rkiye) during the period of review 
(POR) January 1, 2022, through December 31, 2022. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable June 6, 2024.

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

    On May 2, 2019, Commerce published in the Federal Register a 
countervailing duty (CVD) order on welded pipe from T[uuml]rkiye.\1\ On 
May 2, 2023, Commerce published the notice of the opportunity to 
request a review of the Order.\2\ On July 12, 2023, Commerce published 
the notice of the initiation of this administrative review in the 
Federal Register.\3\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is provided in Appendix I to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically

[[Page 48380]]

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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    \1\ Large Diameter Welded Pipe from the Republic of 
T[uuml]rkiye: Countervailing Duty Orders, 84 FR 18771 (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, 88 FR 27445 (May 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of Large 
Diameter Welded Pipe from the Republic of T[uuml]rkiye; 2022,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The product 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.

Methodology

    Commerce is conducting this administrative review in accordance 
with 751(a)(1)(A) of Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, Commerce preliminarily 
determines that there is a subsidy, i.e., a financial contribution by 
an ``authority'' that gives rise to a benefit to the recipient, and 
that the subsidy is specific.\5\
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), Commerce's practice is to rescind 
an administrative review of a CVD order when it concludes that there 
are no suspended entries of subject merchandise during the POR.\6\ 
Normally, upon completion of an administrative review, the suspended 
entries are liquidated at the CVD assessment rate calculated for the 
review period.\7\ Therefore, for an administrative review of a company 
to be conducted, there must be a reviewable, suspended entry that 
Commerce can instruct U.S. Customs and Border Protection (CBP) to 
liquidate at the CVD assessment rate calculated for the POR.\8\
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    \6\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, the 10 companies listed in 
Appendix II had no entries of subject merchandise during the POR.\9\ 
Therefore, we notified parties that we intend to rescind this 
administrative review with respect to these 10 companies and provided 
parties an opportunity to submit comments, including factual 
information to demonstrate whether there were reviewable entries during 
the POR for these companies.\10\ We received no comments. Therefore, in 
the absence of suspended entries of subject merchandise during the POR, 
in accordance with 19 CFR 351.213(d)(3), we are rescinding the 
administrative review with respect to the companies listed in Appendix 
II.
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    \9\ See Memorandum, ``U.S. Customs and Border Protection Data 
Query,'' dated July 14, 2023.
    \10\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated August 28, 2023.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rates for the period January 1, 
2022, through December 31, 2022:
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    \11\ Commerce initiated this review on both HDM and HDM Spiral 
Kaynakli Celik Boru A.S. (HDM Spiral). See Initiation Notice, 88 FR 
at 44273. 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).

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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[Ccedil]imta[scedil] Boru Imalatari Ticaret Ltd.........            2.18
HDM [Ccedil]elik Boru Sanayi Ve Ticaret A.S.\11\........            6.31
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Disclosure and Public Comment

    Commerce intends to disclose its calculations 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 the Federal 
Register 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. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs. 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.\12\ 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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    \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 Procedures).
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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.\13\ 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 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).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Procedures.
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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, filed electronically via 
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. 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. Issues raised in the hearing 
will be limited to those raised in the respective case briefs. If a 
request for a hearing is made, Commerce will inform parties of the 
scheduled date for the hearing.

Final Results of Administrative Review

    Unless extended, pursuant to section 751(a)(3)(A) of the Act, 
Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised by 
parties in their comments, within 120 days after the date of 
publication of these preliminary results.

[[Page 48381]]

Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend to issue 
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).
    For the companies listed in Appendix II for which we are rescinding 
this administrative review, Commerce will instruct CBP to assess 
countervailing duties on all appropriate entries at a rate equal to the 
cash deposit of estimated countervailing duties required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
January 1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(l)(i). Commerce intends to issue appropriate assessment 
instructions directly to CBP no earlier than 35 days after the date of 
publication of this notice in the Federal Register.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends, upon publication of the final results, to instruct CBP to 
collect cash deposits of estimated countervailing duties in the amounts 
shown for the companies listed above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, CBP will continue to collect 
cash deposits of estimated countervailing duties at the all-others rate 
or the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Interested Parties

    We are issuing and publishing these preliminary results 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 I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation

Appendix II--Companies for Which the Review Is Rescinded

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

[FR Doc. 2024-12439 Filed 6-5-24; 8:45 am]
 BILLING CODE 3510-DS-P