Notice2022-18677
Welded Line Pipe From the Republic of Turkey: Preliminary Determination of No Shipments and Partial Rescission of the Antidumping Duty Administrative Review; 2020-2021
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
August 30, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti (Cimtas), the only company subject to review, had no shipments of subject merchandise during the period of review (POR), December 1, 2020, through November 30, 2021. In addition, we are rescinding this administrative review with respect to companies for which requests for review were timely withdrawn. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 167 (Tuesday, August 30, 2022)</title>
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[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 52911-52913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18677]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-822]
Welded Line Pipe From the Republic of Turkey: Preliminary
Determination of No Shipments and Partial Rescission of the Antidumping
Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti (Cimtas), the only
company subject to review, had no shipments of subject merchandise
during the period of review (POR), December 1, 2020, through November
30, 2021. In addition, we are rescinding this administrative review
with respect to companies for which requests for review were timely
withdrawn. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 30, 2022.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, 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) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
In December 2015, Commerce published in the Federal Register an
antidumping duty order on welded line
[[Page 52912]]
pipe from the Republic of Turkey.\1\ On December 1, 2021, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order for the POR.\2\ On December 30,
2021, Commerce received timely requests to conduct an administrative
review of the Order, in accordance with section 751(a)(1) of the Tariff
Act of 1930, as amended (the Act), from Maverick Tube Corporation,
IPSCO Tubulars Inc., American Cast Iron Pipe Company, Dura-Bond
Industries, and Stupp Corporation, a division of Stupp Bros., Inc.
(collectively, the domestic interested parties).\3\ Based on these
requests, on February 4, 2022, Commerce initiated an administrative
review of the Order with respect to 19 companies.\4\ That same day,
consistent with the Initiation Notice, Commerce released data from U.S.
Customs and Border Protection (CBP) for purposes of respondent
selection and provided interested parties an opportunity to comment on
these data by February 11, 2022.\5\ Commerce received no comments on
the CBP Data. In January and February 2022, four companies submitted
certifications of no shipments.\6\
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\1\ See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December
1, 2015) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 68215 (December 1, 2021).
\3\ See Maverick Tube Corporation and IPSCO Tubulars Inc.'s
Letter, ``Welded Line Pipe from the Turkey: Request for
Administrative Review,'' dated December 30, 2021; and American Cast
Iron Pipe Company, Dura-Bond Industries, and Stupp Corporation, a
division of Stupp Bros., Inc.'s Letter, ``Welded Line Pipe from
Turkey: Request for Administrative Review,'' dated December 30,
2021.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487, 6491 (February 4, 2022)
(Initiation Notice).
\5\ Id., 87 FR at 6487; see also Memorandum, ``Release of U.S.
Customs and Border Protection Entry Data,'' dated February 4, 2022
(CBP Data).
\6\ See [Ccedil]ayirova Boru Sanayi ve Ticaret A.S. and
Yucelboru Ihracat Ithalat ve Pazarlama A.S.'s Letter, ``Line pipe
from Turkey; Yucel No Shipments Letter,'' dated January 4, 2022;
Toscelik Profile and Sheet Industry, Co. and Tosyal[inodot] Dis
Ticaret A.S.'s Letter, ``Line pipe from Turkey; Toscelik No-
Shipments letter,'' dated January 4, 2022; Noksel [Ccedil]elik Boru
Sanayi A.S.'s Letter, ``Welded Line Pipe from Turkey (A-489-822):
Anti-Dumping Duty Order Administrative Review (12/1/20--11/30/21),''
dated February 11, 2022; and Borusan Mannesmann Boru Sanayi ve
Ticaret A.S.'s Letter, ``Welded Line Pipe from Turkey, Case No. A-
489-822: Notification of No Shipments,'' dated February 16, 2022.
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On March 4, 2022, Cimtas informed Commerce that it: (1) had not
made any reviewable shipments or sales of the subject merchandise to
the United States during POR; and (2) had no physical entries and/or no
reviewable entries of subject merchandise to the United States during
this period.\7\
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\7\ See Cimtas's Letter, ``Welded Line Pipe from Turkey: No
(Reviewable) Shipment Letter,'' dated March 4, 2022 (Cimtas No
Shipment Letter).
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In April 2022, the domestic interested parties timely withdrew
their requests for review with respect to 18 companies.\8\ As a result,
Cimtas is the only company that remains subject to this review.
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\8\ See Maverick Tube Corporation and IPSCO Tubulars Inc.'s
Letter, ``Welded Line Pipe from Turkey: Partial Withdrawal of
Request for Administrative Review of Antidumping Duty Order,'' dated
April 20, 2022; and American Cast Iron Pipe Company, Dura-Bond
Industries, and Stupp Corporation, a division of Stupp Bros., Inc.'s
Letter, ``Welded Line Pipe from Turkey: Partial Withdrawal of
Request for Administrative Review,'' dated April 21, 2022
(collectively, Withdrawal Request). For the list companies, for
which the request for review was timely withdrawn, see the appendix
to this notice.
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On May 16, 2022, domestic interested parties requested that
Commerce conduct verification in this administrative review.\9\
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\9\ See ALPPA Welded Line Pipe Committee's Letter, ``Welded Line
Pipe from Turkey: Request for Verification,'' dated May 16, 2022
(Verification Request).
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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.
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 that
requested the review withdraws the request within 90 days of the date
of publication of notice of initiation of the requested review.'' On
April 20, 2022, the domestic interested parties timely withdrew their
requests for an administrative review of the 18 companies listed in the
appendix to this notice.\10\ Because no other party requested a review
of these companies, we are rescinding this review, in part, with
respect to these companies, pursuant to 19 CFR 351.213(d)(1).
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\10\ See Withdrawal Request.
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Preliminary Determination of No Shipments
Based on CBP's response to Commerce's no-shipment inquiry \11\ and
the certifications provided by Cimtas,\12\ we preliminarily determine
that the company had no shipments and, therefore, no reviewable
entries, of subject merchandise during the POR. Consistent with
Commerce's practice, we will not rescind the review with respect to
Cimtas, but rather, will complete the review and issue appropriate
instructions to CBP based on the final results of the review.\13\
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\11\ See Memorandum, ``Welded Line Pipe from the Republic of
Turkey; No Shipment Inquiry for Cimtas Boru Imalatlari ve Ticaret,
Ltd. Sti. during the period 12/01/2020 through 11/30/2021,'' dated
July 22, 2022.
\12\ See Cimtas No Shipment Letter.
\13\ See, e.g., Polyethylene Terephthalate Film, Sheet, and
Strip from Taiwan: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 85 FR 74673 (November 23, 2020), unchanged in
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from
Taiwan: Final Results of Antidumping Duty Administrative Review;
2018-2019, 86 FR 14311 (March 15, 2021).
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Verification
Pursuant to 19 CFR 351.307(b)(1)(v), Commerce ``will verify factual
information'' relied upon in the final results of an administrative
review if: (A) ``{a{time} domestic interested party, not later than
100 days after the date of publication of the notice of initiation of
review, submits a written request for verification; and (B)
{Commerce{time} conducted no verification . . . during either of the
two immediately preceding administrative reviews.'' \14\ 19 CFR
351.307(b)(1)(iv) also states that Commerce will verify if the
Secretary decides that ``good cause for verification exists.'' Here,
Commerce received the domestic interested parties' verification
[[Page 52913]]
request in a timely manner. However, Commerce verified the information
provided by Cimtas in the immediately preceding administrative review
of this Order. Thus, pursuant 19 CFR 351.307(b)(1)(v)(B), Commerce will
not verify the relevant factual information in the instant review.
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\14\ See 19 CFR 351.307(b)(1)(v).
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Public Comment
Interested parties are invited to comment on these preliminary
results and may submit case briefs or other written comments to
Commerce no later than 30 days after the date of publication of this
notice.\15\ Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than seven days after the deadline for case
briefs.\16\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case 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.
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\15\ See 19 CFR 351.309(c)(1)(ii).
\16\ See 19 CFR 351.309(d)(1) and (2); 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).
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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
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) within 30 days after the
date of publication of this notice.\17\ 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.\18\ Parties should
confirm the date, time, and location of the hearing two days before the
scheduled date.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS by 5 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.\19\
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\19\ 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 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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Assessment
Commerce will instruct CBP to liquidate any suspended entries for
the 18 companies listed in the appendix to this notice at the rate in
effect at the time of entry. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of this recission notice in the Federal Register.
For Cimtas, 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 the final results of review continue to find that Cimtas had no
shipments during the POR, there will be no change to the existing cash
deposit requirements.
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) and 777(i) of the Act and 19 CFR 351.213(d).
Dated: August 23, 2022.
Lisa W Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
1. Borusan Istikbal Ticaret
2. Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\21\
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\21\ The Initiation Notice inadvertently misspelled Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. as ``Borusan Mannesmann Boru
Sanayi ve Ticaret A.''
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3. Cayirova Boru Sanayii 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
[FR Doc. 2022-18677 Filed 8-29-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 30, 2022.
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