Notice2021-28507
Welded Line Pipe From the Republic of Turkey: Partial Rescission and Preliminary Intent to Rescind the Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is rescinding this administrative review with respect to companies for which requests for review were timely withdrawn and preliminarily rescinding this administrative review with respect to Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti. The period of review (POR) is December 1, 2019, through November 30, 2020. Interested parties are invited to comment on this preliminary rescission.
Full Text
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<title>Federal Register, Volume 87 Issue 2 (Tuesday, January 4, 2022)</title>
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[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 218-220]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28507]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-822]
Welded Line Pipe From the Republic of Turkey: Partial Rescission
and Preliminary Intent to Rescind the Antidumping Duty Administrative
Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding this
administrative review with respect to companies for which requests for
review were timely withdrawn and preliminarily rescinding this
administrative review with respect to Cimtas Boru Imalatlari ve
Ticaret, Ltd. Sti. The period of review (POR) is December 1, 2019,
through November 30, 2020. Interested parties are invited to comment on
this preliminary rescission.
DATES: Applicable January 4, 2022.
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 February 4, 2021, based on timely requests for review in
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act), we initiated an administrative review of the antidumping
duty order on welded line pipe from the Republic of Turkey (Turkey).\1\
This review covers 19 producers and/or exporters of the subject
merchandise.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166, 8171 (February 4, 2021).
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On April 27, 2021, the petitioners \2\ withdrew their request for
an administrative review with respect to 18 companies.\3\ The
petitioners did not withdraw their review request for Cimtas Boru
Imalatlari ve Ticaret, Ltd. Sti. (Cimtas).\4\
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\2\ The petitioners are Maverick Tube Corporation and IPSCO
Tubulars Inc.
\3\ See Petitioners' Letter, ``Welded Line Pipe from Turkey:
Partial Withdrawal of Request for Administrative Review of
Antidumping Duty Order,'' dated April 27, 2021.
\4\ Id.
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On August 18, 2021, Commerce extended the preliminary results of
this review by 119 days, until December 30, 2021.\5\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
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\5\ See Memorandum, ``Welded Line Pipe from Turkey: Extension of
Deadline for Preliminary Results of 2019-2020 Antidumping Duty
Administrative Review,'' dated August 18, 2021.
\6\ See Memorandum, ``Decision Memorandum for the Partial
Rescission and Preliminary Intent to Rescind the 2019-2020
Administrative Review of the Antidumping Duty Order on Welded Line
Pipe from the Republic of Turkey,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the order include circular welded carbon
and alloy steel (other than stainless steel) pipe from Turkey. Imports
of subject merchandise are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) 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.\7\
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\7\ For a complete description of the scope, see the Preliminary
Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
For a full description of the methodology underlying our decision, see
the Preliminary Decision Memorandum. A list of the sections in the
Preliminary Decision Memorandum is attached in Appendix II of this
notice. The Preliminary 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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. On April
27, 2021, the petitioners timely withdrew their requests for an
administrative review for the 18 companies listed in Appendix I of this
notice. No other party requested a review of these companies.
Accordingly, we are rescinding this review, in part, with respect to
these companies, pursuant to 19 CFR 351.213(d)(1).
Preliminary Intent To Rescind Administrative Review
Regarding the remaining company, Cimtas, as discussed in the
Preliminary Decision Memorandum, Commerce preliminarily finds that
Cimtas had no reviewable shipments, sales, or entries of subject
merchandise during the POR.\8\ Therefore, we are preliminarily
rescinding this review with respect to Cimtas, in accordance with 19
CFR 351.213(d)(3).
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\8\ See Preliminary Decision Memorandum.
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Verification
On May 17, 2020, Commerce received a request from the petitioners
to conduct verification of Cimtas's statement that it had no reviewable
shipments or sales during the POR and no entries of welded line pipe
during the POR were manufactured by Cimtas.\9\ Commerce is currently
unable to conduct on-site verification of the information relied upon
in this review. However, we took additional steps in lieu of an on-site
verification to verify this information, in accordance with section
782(i) of the Act.\10\
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\9\ See Petitioner's Letter, ``Welded Line Pipe from Turkey:
Request for Verification,'' dated May 17, 2020.
\10\ See Commerce's Letter, Antidumping Administrative Review of
Welded Line Pipe from the Republic of Turkey, dated July 21, 2021;
see also Cimtas's Letter, ``Antidumping Administrative Review of
Welded Line Pipe from the Republic of Turkey: Response to
Questions,'' dated August 4, 2021.
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Public Comment
Interested parties are invited to comment on the preliminary
rescission of this review. Case briefs or other written comments may be
submitted 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\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding 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.\13\
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\11\ See 19 CFR 351.309(c).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); 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).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\14\ Hearing 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 issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\15\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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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. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information.\16\
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\16\ See Temporary Rule.
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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.\17\
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\17\ See section 751(a)(3)(A) of the Act.
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Assessment
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. Further, we previously
deferred Cimtas's sales reporting for entries made during the 2018-2019
POR to this administrative review and stated that the 2018-2019 POR
entries ``will remain suspended until the completion of the review and
will be liquidated based on the final results for Cimtas.\18\ Thus, if
Commerce proceeds to a final rescission of this administrative review
with respect to Cimtas, Commerce will instruct CBP to assess
antidumping duties on and liquidate any of Cimtas's suspended entries
at the cash deposit rate in effect at the time of entry, including any
suspended entries from the 2018-2019 POR.
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\18\ See Welded Line Pipe from the Republic of Turkey: Final
Rescission of Antidumping Duty Administrative Review, in Part, and
Final Deferral of Administrative Review, in Part; 2018-2019, 86 FR
17363, 17364 (April 2, 2021).
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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
If Commerce proceeds to a final rescission 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 preliminary 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 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 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
1. Borusan Istikbal Ticaret
2. Borusan Mannesmann Boru Sanayi ve
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Ticaret A.S.
3. Cayirova Boru Sanayi ve Ticaret A.S.
4. Emek Boru Makina Sanayi ve Ticaret A.S.
5. Erbosan Erciyas Tube Industry and Trade Co. Inc.
6. Erciyas Celik Boru Sanayii A.S.
7. Guven Celik Boru Sanayii ve Ticaret Ltd. Sti.
8. Has Altinyagmur celik Boru Sanayii ve Ticaret Ltd. Sti.
9. HDM Steel Pipe Industry & Trade Co. Ltd.
10. Metalteks Celik Urunleri Sanayii
11. MMZ Onur Boru Profil Uretim Sanayii ve Ticaret A.S.
12. Noksel Steel Pipe Co. Inc.
13. Ozbal Celik Boru
14. Toscelik Profile and Sheet Industry, Co.
15. Tosyali Dis Ticaret A.S.
16. Umran Celik Boru Sanayii
17. YMS Pipe & Metal Sanayii A.S.
18. Yucelboru Ihracat Ithalat Pazzarlam
Appendix II
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Intent To Rescind Administrative Review
VI. Recommendation
[FR Doc. 2021-28507 Filed 1-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 4, 2022.
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