Notice2021-13591
Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Notice of Court Decision Not in Harmony With the Results of the 2017-2018 Antidumping Duty Administrative Review; Notice of Amended Final Results
Primary source
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Published
June 25, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On June 16, 2021, the U.S. Court of International Trade (CIT or Court) issued its final judgment in the 2017-2018 antidumping duty administrative review of circular welded carbon steel standard pipe and tube products from Turkey, Court no. 20-00015, sustaining the Department of Commerce (Commerce) first remand results pertaining to the administrative review of the antidumping duty (AD) order on circular welded carbon steel standard pipe and tube products from Turkey covering the period of review (POR), May 1, 2017, through April 30, 2018. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Borusan Istikbal Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Full Text
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<title>Federal Register, Volume 86 Issue 120 (Friday, June 25, 2021)</title>
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[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33655-33656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13591]
[[Page 33655]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Notice of Court Decision Not in Harmony With the Results of the
2017-2018 Antidumping Duty Administrative Review; Notice of Amended
Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 16, 2021, the U.S. Court of International Trade (CIT
or Court) issued its final judgment in the 2017-2018 antidumping duty
administrative review of circular welded carbon steel standard pipe and
tube products from Turkey, Court no. 20-00015, sustaining the
Department of Commerce (Commerce) first remand results pertaining to
the administrative review of the antidumping duty (AD) order on
circular welded carbon steel standard pipe and tube products from
Turkey covering the period of review (POR), May 1, 2017, through April
30, 2018. Commerce is notifying the public that the CIT's final
judgment is not in harmony with Commerce's final results of the
administrative review, and that Commerce is amending the final results
with respect to the dumping margin assigned to Borusan Istikbal Ticaret
T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
DATES: Applicable June 26, 2021.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, 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.
SUPPLEMENTARY INFORMATION:
Background
On January 22, 2020, Commerce published its Final Results in the
2017-2018 AD administrative review of circular welded carbon steel
standard pipe and tube products from Turkey. Commerce calculated a
weighted-average dumping margin of 9.99 percent for Borusan Istikbal
Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(collectively, Borusan).\1\
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\1\ See Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2017-
2018, 85 FR 3616 (January 22, 2020) (Final Results).
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After correcting ministerial errors contained in the Final Results,
on March 5, 2020, Commerce published the Amended Final Results, with an
amended weighted-average dumping margin of 8.48 percent.\2\
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\2\ See Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Amended Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 12,893 (March 5, 2020)
(Amended Final Results).
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Borusan appealed Commerce's Amended Final Results. On February 17,
2021, the CIT remanded the Amended Final Results to Commerce, ordering
Commerce to ``eliminate any adjustment to {cost of production{time}
based on a {particular market situation (PMS){time} in the sales-
below-cost test.'' \3\ Also, while the CIT in Borusan sustained
Commerce's decision that the constructed export price (CEP) and export
price (EP) may be reduced by section 232 duties paid,\4\ the CIT
ordered Commerce to reweigh all of the evidence, including any relevant
sales data, with respect to the reduction of CEP by section 232 duties
paid, ``applying normal decision-making tools without an adverse
inference.'' \5\
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\3\ See Borusan Mannesmann Boru Sanayi Ve Ticaret A.[Scedil].
and Borusan Mannesmann Pipe U.S. Inc., v. United States, Court No.
20-00015, Slip Op. 21-18 (CIT February 17, 2021) (Borusan) at 19.
\4\ See Borusan at 17.
\5\ Id. at 17-19.
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In its final remand redetermination, issued in April 2021, Commerce
stated that it continues to find that a PMS existed in Turkey during
the POR that distorted the price of hot-rolled coil, the principle
material input for the production of the subject merchandise and
significant component of the cost of production of the subject
merchandise. Nevertheless, because the CIT has directed Commerce not to
make an adjustment to Borusan's cost of production for purposes of the
sales-below-cost test, under respectful protest, we recalculated
Borusan's weighted-average dumping margin with no PMS adjustment to
Borusan's cost of production for purposes of the sales-below-cost
test.\6\
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\6\ See Commerce's Final Results of Redetermination Pursuant to
Court Order, Borusan Mannesmann Boru Sanayi Ve Ticaret A.[Scedil].
and Borusan Mannesmann Pipe U.S. Inc. v. United States, Court No.
20-00015, Slip Op. 21-18, dated April 18, 2021.
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Moreover, pursuant to the CIT order that Commerce reweigh all of
the evidence, including any relevant sales data, with respect to the
reduction of CEP by section 232 duties paid, without applying an
adverse inference, we re-examined the information on the record. Based
on record evidence, we determined that section 232 duties should not be
deducted from CEP sales, because the CEP shipment on which section 232
duties were paid, shortly before the end of the POR, did not include
products that Borusan sold between the shipment entry date and the end
of the POR.\7\ On June 16, 2021, the CIT sustained Commerce's final
redetermination with regards to both issues.\8\
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\7\ Id.
\8\ See Borusan Mannesmann Boru Sanayi Ve Ticaret A.S. v. United
States, Court No. 20-00015, Slip Op. 21-75 (CIT June 16, 2021)
(Borusan Mannesmann).
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Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's June 16, 2021, judgment constitutes a final decision of the
CIT that is not in harmony with Commerce's Final Results. Thus, this
notice is published in fulfillment of the publication requirements of
Timken.
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\9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (DiamondSawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results and Amended Final Results with respect to Borusan as
follows:
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Final results of
Final results of remand
Exporter or producer review weighted- redetermination
average dumping weighted-average
margin \11\ dumping margin \12\
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Borusan Mannesmann Boru Sanayi 8.48 4.06
Ve Ticaret A.S./Borusan
Mannesmann Pipe U.S. Inc.....
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Cash Deposit Requirements
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\11\ See Memorandum, ``Analysis for the Amended Final Results of
the Antidumping Duty Administrative Review of Welded Carbon Steel
Standard Pipe and Tube Products from Turkey: Borusan Istikbal
Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.,''
dated February 28, 2020.
\12\ See Borusan's Final Remand Results Analysis Memorandum.
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Because Borusan has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: Were produced and/or exported by Borusan and
were entered, or withdrawn from warehouse, for consumption during the
period May 1, 2017, through April 30, 2018. These entries will remain
enjoined pursuant to the terms of the injunction during the pendency of
any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced and exported by Borusan in accordance with
19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate is not zero or de minimis. Where an
import-specific ad valorem assessment rate is zero or de minimis,\13\
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\13\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-13591 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 25, 2021.
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