[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44509-44512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15957]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable July 24, 2020.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Robert Bolling, 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) 482-4162 or (202) 482-3434,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on welded carbon steel standard pipe and tube products
(welded pipe and tube) from Turkey. The period of review (POR) is May
1, 2018 through April 30, 2019. Commerce published the notice of
initiation of this administrative review on July 15, 2019.\1\ The
preliminary results are listed below in the section titled
``Preliminary Results of Review.''
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
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This review covers the following companies: Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. (Borusan Mannesmann) and Borusan Istikbal
Ticaret T.A.S. (Borusan Istikbal) (collectively, Borusan); \2\ Toscelik
Profil
[[Page 44510]]
ve Sac Endustrisi A.S. (Toscelik Endustrisi), Tosyali Dis Ticaret A.S.
(Tosyali Ticaret), and Toscelik Metal Ticaret A.S. (Toscelik Metal)
(collectively, Toscelik); \3\ Borusan Birlesik Boru Fabrikalari San ve
Tic (Borusan Birlesik); Borusan Gemlik Boru Tesisleri A.S. (Borusan
Gemlik); Borusan Holding (BMBYH), Borusan Ihracat Ithalat ve Dagitim
A.S. (Borusan Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan
Ithicat); Borusan Mannesmann Yatirim Holding (BMYH), Tubeco Pipe and
Steel Corporation (Tubeco); Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan); Kale Baglanti Teknolojileri San. ve Tic. A.S. (Kale
Baglanti), Noksel Selik Boru Sanayi A.S. (Noksel Selik), Yucel Boru ve
Profil Endustrisi A.S. (Yucel), Yucelboru Ihracat Ithalat ve Pazarlama
A.S. (Yucelboru), Cayirova Boru Sanayi ve Ticaret A.S. (Cayirova), Kale
Baglann Teknolojileri San. Ve Tic. A.S. (Kale Baglann), Borusan
Istikbal Ticaret (Istikbal Ticaret) and Cinar Boru Profil San. ve Tic.
As (Cinar Boru). The sole mandatory respondent in this administrative
review is Borusan.\4\ On January 16, 2020, we extended the deadline for
the preliminary results by 117 days to May 27, 2020.\5\ Moreover, on
April 24, 2020, Commerce tolled all deadlines in administrative reviews
by 50 days, thereby extending the deadline for these results until July
16, 2020.\6\
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\2\ 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). We
preliminarily determine that there is no evidence on the record for
altering our treatment of Borusan Mannesmann Boru Sanayi ve Ticaret
A.S. and Borusan Istikbal Ticaret T.A.S., as a single entity. The
record does not support treating the following companies as part of
the Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal
Ticaret T.A.S. entity: (1) Borusan Birlesik; (2) Borusan Gemlik; (3)
Borusan Ihracat; (4) Borusan Ithicat; and (5) Tubeco. Accordingly,
as discussed infra, each of these five companies will be assigned
the rate applicable to companies not selected for individual
examination in this review.
\3\ In prior segments of this proceeding, we treated Toscelik
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and
Toscelik Metal as a single company. 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). We
preliminarily determine that there is no evidence on the record for
altering our treatment of Toscelik Profil ve Sac Endustrisi A.S.,
Tosyali Dis Ticaret A.S., and Toscelik Metal as a single company.
\4\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products
from Turkey: Respondent Selection,'' dated August 28, 2019
(Respondent Selection Memorandum).
\5\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Extension of Deadline for Preliminary Results
of Antidumping Duty Administrative Review,'' dated January 16, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\7\
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\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Circular Welded
Carbon Steel Standard Pipe and Tube Products from Turkey; 2017-
2018,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the order is welded pipe and tube. The
welded pipe and tube subject to the order is currently classifiable
under subheading 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheading is provided for convenience and customs purposes. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value 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. A list of the
topics included in the Preliminary Decision Memorandum is included in
the Appendix to this notice.
The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Determination of No Shipments
On June 26, 2019, and July 22, 2019, Cinar Boru and Noksel Selik,
respectively, submitted letters to Commerce certifying that they had no
sales, shipments, or entries of the subject merchandise to the United
States during the POR.\8\ Similarly, on July 30, 2019, Cayirova, Yucel,
and Yucelboru submitted a letter to Commerce certifying that they each
individually had no sales, shipments, or entries of the subject
merchandise to the United States during the POR.\9\ Moreover, on July
31, 2019, Toscelik submitted a letter to Commerce certifying that it
had no sales, shipments, or entries of the subject merchandise to the
United States during the POR.\10\ On July 18, 2019, Commerce obtained
U.S. Customs and Border Protection (CBP) data for U.S. imports of
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey entering under case number A-489-501 during the period May 1,
2018 through April 30, 2019, for all parties for which it initiated
this administrative review. \11\ We received no information from CBP
regarding the existence of entries of subject merchandise from these
companies during the POR. Based on their certifications and our
analysis of CBP information, we preliminarily determine that Cinar
Boru, Noksel Selik, Cayirova, Yucel, Yucelboru, Toscelik Endustrisi
A.S., Tosyali Ticaret, and Toscelik Metal each had no reviewable
transactions during the POR. Consistent with our practice, we are not
preliminarily rescinding the review with respect to these eight
companies, but, rather, we will complete the review for these companies
and issue appropriate instructions to CBP based on the final results of
this review.\12\ Further, while we received no information from CBP
regarding the existence of entries of subject merchandise from Borusan
Istikbal during the POR, we continue to find Borusan Istikbal to be
part of the single entity, Borusan, and we find no record
[[Page 44511]]
evidence that warrants altering this treatment. Therefore, because we
find that Borusan had shipments during this POR, we have not made a
preliminary determination of no-shipments with respect to Borusan
Istikbal. Furthermore, eleven companies, Borusan Birlesik; Borusan
Gemlik; BMBYH; Borusan Ihracat; Borusan Ithicat; BMYH; Tubeco; Erbosan;
Kale Baglanti; Kale Baglann; and Istikbal Ticaret remain subject to
this administrative review because none of these eleven companies: (1)
Was selected as a mandatory respondent; \13\ (2) was the subject of a
withdrawal of request for review; (3) requested to participate as a
voluntary respondent; or (4) submitted a claim of no shipments. As
such, these three companies remain as unexamined respondents.
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\8\ See Cinar Boru's Letter, ``Circular Welded Carbon Steel
Pipes and Tubes from Turkey (A-489-501),'' dated June 26. 2019; see
also Noksel's Letter, ``Circular Welded Carbon Steel Pipes and Tubes
(A-489-501) Anti-Dumping Duty Administrative Review (5/1/18--4/30/
19),'' dated July 22, 2019.
\9\ See Cayirova, Yucel, and Yucelboru's Letter, ``Circular
Welded Carbon Steel Pipes and Tubes from Turkey; Notification of No
Shipments,'' dated July 30, 2019.
\10\ See Toscelik's Letter, ``Circular Pipe from Turkey;
Toscelik No Shipment Letter,'' dated July 31, 2019.
\11\ See Memorandum, ``Circular Welded Carbon Steel Standard
Pipe and Tube from Turkey: Release of Customs and Border Protection
Data,'' dated July 25, 2019.
\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below; see also Certain Frozen
Warmwater Shrimp from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of Review,
Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951,
15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp
from Thailand: Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and Partial Rescission
of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).
\13\ See Respondent Selection Memorandum.
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Preliminary Results of Review
As a result of this review, we calculated a weighted-average
dumping margin of 12.03 percent for Borusan for the period May 1, 2018
through April 30, 2019. We assigned 12.03 percent, the weighted-average
dumping margin of the mandatory respondent Borusan to the eleven non-
selected companies in these preliminary results, as referenced below.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 12.03
Istikbal Ticaret T.A.S.....................................
Borusan Birlesik Boru Fabrikalari San ve Tic................ 12.03
Borusan Gemlik Boru Tesisleri A.S........................... 12.03
Borusan Holding............................................. 12.03
Borusan Ihracat Ithalat ve Dagitim A.S...................... 12.03
Borusan Ithicat ve Dagitim A.S.............................. 12.03
Borusan Mannesmann Yatirim Holding.......................... 12.03
Tubeco Pipe and Steel Corporation........................... 12.03
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.................. 12.03
Kale Baglanti Teknolojileri San. ve Tic. A.S................ 12.03
Kale Baglann Teknolojileri San. Ve Tic. A.S................. 12.03
Istikbal Ticaret............................................ 12.03
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.
If Borusan'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 importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total entered value of the sales in
accordance with 19 CFR 351.212(b)(1). Where Borusan's weighted-average
dumping margin is zero or de minimis, 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.
With respect to Cinar Boru, Noksel Selik, Cayirova, Yucel,
Yucelboru, Toscelik Endustrisi A.S., Tosyali Ticaret, and Toscelik
Metal, if we continue to find that these companies had no shipments of
subject merchandise in the final results, we will instruct CBP to
liquidate any existing entries of merchandise produced by these
companies, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.\14\ In
this review, we have preliminarily calculated weighted-average dumping
margin of 12.03 percent for Borusan. When only one weighted-average
dumping margin for the individually investigated respondents is not
zero, de minimis, or based entirely on facts available, the rate for
companies that we did not individually examine will be equal to that
single weighted-average dumping margin. Accordingly, we have
preliminarily assigned to Borusan Birlesik; Borusan Gemlik; BMBYH;
Borusan Ihracat; Borusan Ithicat; BMYH; Tubeco; Erbosan; Kale Baglanti;
Kale Baglann; and Istikbal Ticaret, companies not individually examined
in this review a margin of 12.03 percent, which is the calculated
weighted average dumping margin of Borusan.
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\14\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of standard pipe and tubes from Turkey entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review, as
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit
rate for the companies under review will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, no cash deposit will be required); (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the manufacturer
or exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the less-than-fair-value investigation,
but the manufacturer is, the cash deposit rate will be the rate
established for the most recently completed segment of the proceeding
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 14.74
percent ad valorem, the all-others rate established in the less-than-
fair-value investigation.\15\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\15\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs 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 no later than seven days after the
time limit for filing case briefs.\16\ Parties who submit case briefs
or rebuttal briefs in this proceeding are requested to submit with each
brief: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\17\ Executive summaries
should be limited to five pages total, including footnotes.\18\ Case
and rebuttal briefs should be filed using ACCESS.\19\
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\16\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ Id.
\19\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing
[[Page 44512]]
within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing schedule. Interested parties who wish to request
a hearing, or to participate if one is requested, must submit a written
request to the Assistant Secretary for Enforcement and Compliance,
filed electronically via ACCESS 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 the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\20\
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\20\ See section 751(a)(3)(A) of the Act.
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An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. 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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\21\ See Temporary Rule.
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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.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: July 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Rates for Respondents Not Selected for Individual Examination
5. Preliminary Results of No Shipments
6. Discussion of Methodology
Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
Product Comparisons
Date of Sale
Treatment of Duties Under Section 232 of the Trade Expansion Act
of 1962
Export Price
Constructed Export Price
Duty Drawback
Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Affiliated Party Transactions and the Arm's Length Test
D. Cost of Production Analysis
a. Cost Averaging Methodology
b. Calculation of COP
c. Test of Comparison Market Sales Prices
d. Results of the COP Test
e. Calculation of Normal Value Based on Comparison Market
Prices
f. Calculation of Normal Value Based on Constructed Value
7. Currency Conversion
8. Recommendation
[FR Doc. 2020-15957 Filed 7-22-20; 8:45 am]
BILLING CODE 3510-DS-P