87 FR 32 pgs. 8785-8787 - Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
Type: NOTICEVolume: 87Number: 32Pages: 8785 - 8787
Pages: 8785, 8786, 8787Docket number: [A-489-501]
FR document: [FR Doc. 2022-03253 Filed 2-15-22; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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 and Final Determination of No Shipments; 2019-2020
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The 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, 2019, through April 30, 2020.
DATES:
Applicable February 16, 2022.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
[top] On August 17, 2021, Commerce published the Preliminary Results and
Footnotes:
1 ? See Circular Welded Carbon Steel Standard Pipe and Tube Products from Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020, 86 FR 45957 (August 17, 2021) ( Preliminary Results ).
2 ? See Memorandum, "Administrative Review of the Antidumping Duty Order on Welded Carbon Steel Standard Pipe and Tube Products from Turkey: Respondent Selection," dated September 22, 2020.
3 ? See Borusan's Letter, "Circular Welded Carbon Steel Pipes and Tubes from Turkey, Case No. A-489-501: Case Brief," dated September 30, 2021; see also Wheatland's Letter, "Welded Carbon Steel Standard Pipe and Tube Products from Turkey: Case Brief," dated September 30, 2021.
4 ? See Borusan's Letter, "Circular Welded Carbon Steel Pipes and Tubes from Turkey, Case No. A-489-501: Rebuttal Brief," dated October 12, 2021, and Wheatland's Letter, "Welded Carbon Steel Standard Pipe and Tube Products from Turkey: Rebuttal Brief," dated October 12, 2021. See also a Letter from Nucor Tubular Products Inc. (Nucor), a domestic producer and interested party under section 771(9)(C) of the Act, dated October 12, 2021, in which Nucor stated that it supports Wheatland's rebuttal brief.
5 ?2019-2020 Antidumping Duty Administrative Review of Circular Welded Carbon Steel Standard Pipe and Tube Products from Turkey: Extension of Deadline for Final Results of Antidumping Duty Administrative Review, dated November 23, 2021.
Scope of the Order? 6
Footnotes:
6 ? See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986) ( Order ).
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. 7
Footnotes:
7 ? 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; 2019-2020," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
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 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.
Determination of No Shipments
In the Preliminary Results, we found that the following thirteen companies made no shipments of the subject merchandise to the United States during the POR: (1) Toscelik Profil ve Sac Endustrisi A.S.; (2) Tosyali Dis Ticaret A.S.; (3) Toscelik Metal Ticaret A.S.; (4) Cayirova Boru Sanayi ve Ticaret A.S.; (5) Yucel Boru ve Profil Endustrisi A.S.; (6) Yucelboru Ihracat ve Pazarlama A.S.; (7) Cinar Boru Profil San Ve Tic. AS; (8) Erbosan Erciyas Boru Sanayi ve Ticaret A.S.; (9) Borusan Birlesik Boru Fabrikalari San ve Tic; (10) Borusan Gemlik Boru Tesisleri A.S.; (11) Borusan Ihracat Ithalat ve Dagitim A.S.; (12) Tubeco Pipe and Steel Corporation; and (13) Borusan Ithicat ve Dagitim A.S. No parties commented on this determination. For the final results of review, we continue to find that these companies made no shipments of subject merchandise to the United States during the POR.
With respect to Istikbal, one of the companies that certified no shipments during the POR, we continue to find Istikbal to be part of the single entity, Borusan, and we find no record evidence that warrants altering this treatment. Therefore, because we find that Borusan had shipments during this POR, we have not made a determination of no shipments with respect to Istikbal.
Final Results of Administrative Review
For these final results, we determine that the following weighted-average dumping margins exist for the period May 1, 2019, through April 30, 2020:
| Exporter/manufacturer | Weighted- average dumping margin (percent) |
|---|---|
| Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S | 5.80 |
| Rate Applicable to the Following Non-Selected Companies: | |
| Borusan Holding | 5.80 |
| Borusan Mannesmann Yatirim Holding | 5.80 |
| Kale Baglanti Teknolojileri San. ve Tic. A.S | 5.80 |
| Kale Baglann Teknolojileri San. Ve Tic. A.S. | 5.80 |
| Noksel Celik Boru Sanayi A.S | 5.80 |
Rate for Non-Selected Respondents
For the rate for non-selected respondents in an administrative review, generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance. 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}." In this segment of the proceeding, we calculated a margin for Borusan that was not zero, de minimis, or based on facts available. Accordingly, in the instant review, we have applied the margin calculated for Borusan to the non-individually examined respondents.
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
[top] 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
Footnotes:
8 ? See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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. 9 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
9 ? See Order, 51 FR at 17784.
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 to Interested Parties Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to administrative protective order (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.
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: February 9, 2022.
Lisa W. Wang,
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. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Section 232 Duties
Comment 3: Overrun Sales
Comment 4: Correction of Errors
V. Recommendation
[FR Doc. 2022-03253 Filed 2-15-22; 8:45 am]
BILLING CODE 3510-DS-P