Notice2022-12087
Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
Primary source
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Published
June 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on circular welded carbon steel standard pipe and tube products (CWP) from Turkey. The period of review (POR) is May 1, 2020, through April 30, 2021. Commerce preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34242-34244]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12087]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on circular
welded carbon steel standard pipe and tube products (CWP) from Turkey.
The period of review (POR) is May 1, 2020, through April 30, 2021.
Commerce preliminarily determines that the producers/exporters subject
to this review made sales of subject merchandise at less than normal
value. We invite interested parties to comment on these preliminary
results.
DATES: Applicable June 6, 2022.
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 July 6, 2021, based on timely requests for a review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated this
administrative review,\1\ covering 20 companies.\2\ The sole mandatory
respondent in this administrative review is Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. (Borusan Mannesmann) and Borusan Istikbal
Ticaret T.A.S. (Istikbal) (collectively, Borusan).\3\ On January 11,
2022, we extended the deadline for the preliminary results by 120 days
to May 31, 2022.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 35481 (July 6, 2021) (Initiation
Notice). In the Initiation Notice, we inadvertently omitted the name
of a company for which a review was requested, Kale Baglanti
Teknolojileri San. ve Tic. A.S., and included the name of Borusan
Mannesmann Pipe U.S. Inc. (BMP), Borusan Mannesmann Boru Sanayi ve
Ticaret A.S.' affiliated U.S. reseller, which, itself, is not an
exporter or producer of the subject merchandise. On May 19, 2022,
Commerce published in the Federal Register a correction to the
Initiation Notice, in which we identified these errors and announced
a correction, by including the name of Kale Baglanti Teknolojileri
San. ve Tic. A.S. and removing BMP from the list of companies
covered by the initiation of an administrative review. See Circular
Welded Carbon Steel Standard Pipe and Tube Products from Turkey:
Correction to the Initiation Notice of the 2020-2021 Antidumping
Duty Administrative Review, 87 FR 30453 (May 19, 2022).
\2\ Id.
\3\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products
from Turkey: Respondent Selection,'' dated August 11, 2021. We note
that in the Initiation Notice, there is a spelling error for
Istikbal's name. Specifically, Istikbal's name should read ``Borusan
Istikbal Ticaret T.A.S.,'' instead of ``Borusman Istikbal Ticaret
T.A.S.,'' which is the name listed in the Initiation Notice based on
review requests from Nucor Tubular Products Inc. (Nucor) and
Wheatland Tube Company (Wheatland). Accordingly, we are correcting
this spelling error for purposes of these preliminary results.
\4\ See Memorandum, ``2020-2021 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 11, 2022.
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Scope of the Order \5\
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\5\ Antidumping Duty Order; Welded Carbon Steel Standard Pipe
and Tube Products from Turkey, 51 FR 17784 (May 15, 1986) (Order).
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The merchandise covered by the Order is circular welded carbon
steel standard pipe and tube products. For a complete description of
the scope of the Order, see the Preliminary Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Circular Welded
Carbon Steel Standard Pipe and Tube Products from Turkey; 2020-
2021'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are 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.\7\ A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
Appendix I to 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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\7\ Id.
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Preliminary Determination of No Shipments
Between June 16 and August 5, 2021, 15 companies timely 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\
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\8\ See Toscelik Profil ve Sac Endustrisi A.S.'s (Toscelik
Profil) Letter, ``Circular Welded Carbon Steel Pipe from Turkey;
Toscelik No Shipments Letter,'' dated June 18, 2021; Yucel Boru ve
Profil Endustrisi A.[Scedil].'s Letter, ``Circular Welded Carbon
Steel Pipe from Turkey; Yucel No Shipments Letter,'' dated June 18,
2021; Cinar Boru Profil Sanayi ve Ticaret Anonim Sirketi's Letter,
``Circular Welded Carbon Steel Pipes and Tubes from Turkey (A-489-
501),'' dated June 16, 2021; Erbosan Erciyas Boru Sanayi ve Ticaret
A.S.'s Letter, ``No Shipment Certificate of Erbosan Erciyas Boru
Sanayi ve Ticaret A.S. (``ERBOSAN''), dated July 1, 2021; and
Borusan Mannesmann's Letter, ``Circular Welded Carbon Steel Pipes
and Tubes from Turkey, Case No. A-489-501: No Shipments Letter,''
dated August 5, 2021. One of these 15 companies, Toscelik Spiral
Boru Uretim A.S. (Toscelik Uretim), which is not subject to this
review, voluntarily submitted a no shipment certification via
Toscelik Profil's No Shipment Certification Letter. However, because
this company is not subject to this review (i.e., no party requested
a review of Toscelik Uretim), we have not evaluated its no shipment
claim.
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With respect to Istikbal, one of the companies which certified no
shipments during the POR, we continue to find it to be part of the
single entity, Borusan, and we find no record evidence that warrants
altering this treatment.\9\ Therefore, because we find
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that Borusan had shipments during this POR, we have not made a
preliminary determination of no shipments with respect to Istikbal.
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\9\ 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 (December 10, 2015).
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With respect to the remaining 13 companies that certified no
shipments and are under review,\10\ U.S. Customs and Border Protection
(CBP) did not have any information to contradict these claims of no
shipments during the POR.\11\ Therefore, we preliminarily determine
that the companies listed in Appendix II did not have shipments of
subject merchandise during the POR. Consistent with our practice,\12\
Commerce finds that it is not appropriate to rescind the review with
respect to these 13 companies but, rather, to complete the review and
issue appropriate instructions to CBP based on the final results of
this review.
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\10\ As stated above, Toscelik Uretim is not under review and,
therefore, we have not evaluated its no shipment claim.
\11\ See Preliminary Decision Memorandum; see also Memorandum,
``Welded Carbon Steel Standard Pipe and Tube Products from Turkey:
Release of Customs and Border Protection Data,'' dated July 16,
2021.
\12\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipment; 2017-2018, 84 FR 34863 (July 19, 2019), and
accompanying Preliminary Decision Memorandum at 4; see also Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694-95 (October 24, 2011); the ``Assessment Rates''
section, below; and 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).
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Rates for Companies Not Individually Examined
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
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 when calculating the rate for
companies which were not selected for individual examination in an
administrative review. 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.''
Five companies, Borusan Holding; Borusan Mannesmann Yatirim
Holding; Noksel Celik Boru Sanayi A.S.; Kale Baglann Teknolojileri San.
ve Tic. A.S.; and Kale Baglanti Teknolojileri San. ve Tic. A.S., remain
subject to this administrative review because none of these five
companies were selected as a mandatory respondent; \13\ the subject of
a withdrawal of request for review, requested to participate as a
voluntary respondent, or submitted a claim of no shipments. As such,
these five companies remain as unexamined respondents. In accordance
with section 735(c)(5)(A) of the Act, Commerce is assigning the
weighted-average dumping margin of the mandatory respondent Borusan,
13.79 percent, to the five non-selected companies in these preliminary
results.
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\13\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products
from Turkey: Respondent Selection,'' dated August 11, 2021.
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2020, through April 30,
2021:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 13.79
Istikbal Ticaret T.A.S.....................................
Borusan Holding............................................. 13.79
Borusan Mannesmann Yatirim Holding.......................... 13.79
Kale Baglanti Teknolojileri San. ve Tic. A.S................ 13.79
Kale Baglann Teknolojileri San. Ve Tic. A.S................. 13.79
Noksel Celik Boru Sanayi A.S................................ 13.79
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, Ads on all appropriate entries covered by this
review.\14\ The final results of this review shall be the basis for the
assessment of ADs on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\15\
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\14\ 19 CFR 351.212(b)(1).
\15\ See section 751(a)(2)(C) of the Act.
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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).
Pursuant to 19 CFR 351.212(b)(1), where an examined respondent'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 an importer-specific ad valorem duty assessment rate based on
the ratio of the total amount of dumping calculated for the U.S. sales
for a given importer to the total entered value of those sales. Where a
mandatory respondent did not report entered value, we calculate the
entered value in order to calculate the assessment rate. Where either
the respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to ADs.
For the companies that were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem rate equal to each company's weighted-average dumping margin
determined in the final results of this review.
For entries of subject merchandise during the POR produced by
Borusan for which it did not know that its merchandise was destined for
the United States and for all entries attributed to companies that we
find had no shipments during the POR, we will instruct CBP to liquidate
such unreviewed entries pursuant to the reseller policy,\16\ i.e., the
assessment rate for such entries will be equal to the all-others rate
established in the investigation (i.e., 14.74 percent ad valorem),\17\
if there is no rate for the intermediate company(ies) involved in the
transaction.
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\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR23954 (May 6, 2003).
\17\ See Order, 51 FR 17784.
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Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific
[[Page 34244]]
company listed above will be equal to each company's weighted-average
dumping margin established in the final results of this review, (except
if the ad valorem rate is de minimis within the meaning of 19 CFR
351.106(C)(1), in which case the cash deposit rate will be zero); (2)
for previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment for the producer of the
merchandise; and (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 underlying investigation.\18\
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\18\ Id.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\19\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\20\
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.\21\ Executive summaries should be limited to five pages
total, including footnotes.\22\ Case and rebuttal briefs should be
filed using ACCESS and must be served on interested parties.\23\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\24\
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\19\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\20\ See 19 CFR 351.309(d)(1).
\21\ See 19 CFR 351.309(c)(2) and (d)(2).
\22\ Id.
\23\ See 19 CFR 351.303.
\24\ 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), any interested party who wishes to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of publication
of this notice. Hearing 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 issues raised in the 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.\25\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\25\ See 19 CFR 351.310(c).
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All submissions to Commerce must be filed electronically using
ACCESS \26\ and must also be served on interested parties.\27\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the
document is due.
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\26\ See 19 CFR 351.303.
\27\ See 19 CFR 351.303(f).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
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 ADs 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 ADs occurred and the subsequent assessment of double ADs.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: May 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Companies Not Selected For Individual Examination
VI. Discussion Of The Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Companies With No Shipments During the Period of Review
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.; \28\
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\28\ We note that Nucor, a petitioner in this proceeding,
requested an administrative review for ``Yucelboru Ihracat Ithalat
ve Pazarlama A.S.,'' whereas, the second petitioner, Wheatland,
requested an administrative review for ``Yucelboru Ihracat ve
Pazarlama A.S.'' (Yucelboru). Additionally, the Initiation Notice
listed Yucelboru's name as listed in Wheatland's Request for an
administrative review (i.e., ``Yucelboru Ihracat vs Pazarlama
A.S.''). Accordingly, we reference Yucelboru's name as listed in the
Initiation Notice for purposes of these preliminary results.
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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.
[FR Doc. 2022-12087 Filed 6-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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