[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 81877-81879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27791]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-822]
Welded Line Pipe From the Republic of Turkey: Preliminary
Rescission of Antidumping Duty Administrative Review, in Part, and
Preliminary Deferral of Administrative Review, in Part; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti. (Cimtas), the sole
mandatory respondent and only company with suspended entries during the
period of review (POR), did not have reviewable sales during the POR.
We are preliminarily deferring, in part, Cimtas's sales reporting until
a subsequent review period and are preliminarily rescinding, in part,
this administrative review with respect to the remaining 18 companies.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 17, 2020.
[[Page 81878]]
FOR FURTHER INFORMATION CONTACT: Alice Maldonado, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4682.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2019, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on welded line pipe from the Republic of Turkey
(Turkey) for the period December 1, 2018, through November 30, 2019.\1\
In December 2019, Commerce received a timely request, in accordance
with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
to conduct an administrative review of the antidumping duty order on
welded line pipe from Turkey from California Steel Industries, TMK
IPSCO, Welspun Tubular LLC USA, and Maverick Tube Corporation
(collectively, the petitioners).\2\ Based on this request, on February
6, 2020, in accordance with 751(a)(1) of the Act, Commerce published in
the Federal Register a notice of initiation listing 19 companies for
which the petitioners requested an administrative review.\3\ On
February 24, 2020, Commerce selected Cimtas, the only company with
suspended entries of welded line pipe from Turkey during the POR, for
individual examination and issued the antidumping duty questionnaire to
the company.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 66880 (December 6, 2019).
\2\ See Petitioners' Letter, ``Welded Line Pipe from the
Republic of Turkey: Request for Administrative Review,'' dated
December 27, 2019.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 6896 (February 6, 2020); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 85 FR 13860, 13868 (March 10, 2020) for correction of the
spelling of certain company names.
\4\ See Memorandum, ``2018-2019 Administrative Review of the
Antidumping Duty Order on Welded Line Pipe from Turkey: Respondent
Selection,'' dated February 24, 2020.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, and, on July 21, 2020, Commerce tolled deadlines
for preliminary and final results in administrative reviews by an
additional 60 days,\5\ thereby extending the deadline for withdrawing
requests for review until June 25, 2020, and the deadline for these
preliminary results until December 21, 2020.
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\5\ 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; see
also Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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On August 20, 2020, the petitioners withdrew their request for an
administrative review for the 19 companies for which they had requested
a review.\6\
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\6\ See Petitioners' Letter, ``Welded Line Pipe from the
Republic of Turkey: Withdrawal of Request for Administrative
Review,'' dated August 20, 2020.
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Scope of the Order
The products covered by the order are circular welded carbon and
alloy steel (other than stainless steel) pipe of a kind used for oil or
gas pipelines (welded line pipe), not more than 24 inches in nominal
outside diameter, regardless of wall thickness, length, surface finish,
end finish, or stenciling. Welded line pipe is normally produced to the
American Petroleum Institute (API) specification 5L, but can be
produced to comparable foreign specifications, to proprietary grades,
or can be non-graded material. All pipe meeting the physical
description set forth above, including multiple-stenciled pipe with an
API or comparable foreign specification line pipe stencil is covered by
the scope of this order.
The welded line pipe that is subject to the order is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050,
7306.19.5110, and 7306.19.5150. The subject merchandise may also enter
in HTSUS 7305.11.1060 and 7305.12.1060. While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.
Preliminary Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. The
aforementioned withdrawal request was untimely submitted; therefore, we
are not rescinding this administrative review based on this request.
Nonetheless, the record of this administrative review indicates that,
of the 19 companies subject to review, Cimtas is the only company with
suspended entries of subject merchandise during the period of
review.\7\ It is Commerce's practice to rescind an administrative
review pursuant to 19 CFR 351.213(d)(3) when there are no reviewable
entries of subject merchandise during the POR subject to the
antidumping duty order for which liquidation is suspended.\8\ At the
end of the administrative review, the suspended entries are liquidated
at the assessment rate computed for the review period.\9\ Therefore,
for an administrative review to be conducted, there must be a
reviewable, suspended entry to be liquidated at the newly calculated
assessment rate. Accordingly, pursuant to 19 CFR 351.213(d)(3), we have
preliminarily determined to rescind this administrative review with
respect to the 18 companies listed in the appendix to this notice that
have no reviewable, suspended entries of subject merchandise during the
POR.
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\7\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated February 6, 2020.
\8\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317,
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
\9\ See 19 CFR 351.212(b)(1).
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Partial Deferral of Administrative Review
For the reasons discussed in the accompanying proprietary analysis
memorandum, we preliminarily determine that there are no reviewable
sales to an unaffiliated U.S. customer related to Cimtas's POR entries
of welded line pipe.\10\ Therefore, because there are no reviewable
sales during this POR, we are deferring Cimtas's reporting of its sales
to the appropriate subsequent review, contingent upon a request for
review of Cimtas.
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\10\ See Memorandum, ``Antidumping Duty Administrative Review of
Welded Line Pipe from the Republic of Turkey: Business Proprietary
Information (BPI) Related to the Preliminary Results,'' dated
concurrently with this notice.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
may submit case briefs to Commerce 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 submitted no later than seven days after
the deadline for case briefs.\12\ Commerce has modified certain
[[Page 81879]]
of its requirements for serving documents containing business
proprietary information until further notice.\13\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ 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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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
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
An electronically-filed document must be received successfully in
its entirety via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS) by
5:00 p.m. Eastern Time on the established deadline.
Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\14\
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\14\ See section 751(a)(3)(A) of the Act.
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Assessment
If Commerce proceeds to a final rescission of this administrative
review, Commerce will instruct U.S. Customs and Border Protection (CBP)
to liquidate any suspended entries for the 18 companies listed in
Appendix I at the rate in effect at the time of entry. We intend to
issue liquidation instructions to CBP 15 days after publication of the
final results of this review. If Commerce proceeds to a final deferral
with respect to Cimtas's suspended entries during the POR, they will
remain suspended until parties have an opportunity to request a review
of the antidumping duty order of welded line pipe from Turkey for the
period December 1, 2019, through November 30, 2020. If Commerce does
not receive a timely request to review Cimtas for the period December
1, 2019, through November 30, 2020, Commerce will instruct CBP to
assess antidumping duties on and liquidate Cimtas' suspended entries
during the POR at the cash deposit rate in effect at the time of entry.
If Commerce receives a timely request to review Cimtas for the period
December 1, 2019, through November 30, 2020, Cimtas's suspended entries
during the POR will remain suspended until the completion of the review
and will be liquidated based on the final results for Cimtas.
Cash Deposit Requirements
If Commerce proceeds to a final rescission, in part, and final
deferral, in part, of this administrative review, no cash deposit rates
will change. Accordingly, the current cash deposit requirements shall
remain in effect until further notice.
Notification to Importers
This notice serves as a 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 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 Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return/destruction 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 violation which is
subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) of the Act and 19 CFR 351.213(d).
Dated: December 11, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
Borusan Istikbal Ticaret
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Cayirova Boru Sanayi ve Ticaret A.S.
Emek Boru Makina Sanayi ve Ticaret A.S.
Erbosan Erciyas Tube Industry and Trade Co. Inc.
Erciyas Celik Boru Sanayii A.S.
Guven Celik Boru Sanayii ve Ticaret Ltd. Sti.
Has Altinyagmur celik Boru Sanayii ve Ticaret Ltd. Sti.
HDM Steel Pipe Industry & Trade Co. Ltd.
Metalteks Celik Urunleri Sanayii
MMZ Onur Boru Profil Uretim Sanayii ve Ticaret A.S.
Noksel Steel Pipe Co. Inc.
Ozbal Celik Boru
Toscelik Profile and Sheet Industry, Co.
Tosyali Dis Ticaret A.S.
Umran Celik Boru Sanayii
YMS Pipe & Metal Sanayii A.S.
Yucel Boru Ithalat-Ihracat ve Pazarlama A.S.
[FR Doc. 2020-27791 Filed 12-16-20; 8:45 am]
BILLING CODE 3510-DS-P