Notice2023-00672
Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
January 17, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending its final results in the administrative review of the antidumping duty order on circular welded carbon steel standard pipe and tube products (pipe and tube products) from Turkey for the period May 1, 2020, through April 30, 2021, to correct a ministerial error.
Full Text
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<title>Federal Register, Volume 88 Issue 10 (Tuesday, January 17, 2023)</title>
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[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2606-2608]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00672]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Amended Final Results of Antidumping Duty Administrative
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
final results in the administrative review of the antidumping duty
order on circular welded carbon steel standard pipe and tube products
(pipe and tube products) from Turkey for the period May 1, 2020,
through April 30, 2021, to correct a ministerial error.
DATES: Applicable January 17, 2023.
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 December 9, 2022, Commerce published the final results of the
2020-2021 administrative review of pipe and tube products from
Turkey.\1\ On December 7, 2022, Commerce granted interested parties in
this administrative review the opportunity to provide comments on any
ministerial errors found in the margin calculation for the final
results, in accordance with 19 CFR 351.224(c)(2).\2\ On December On
December 12, 2022, Commerce received a timely filed allegation from
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann) and
Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, Borusan), the
respondent in this administrative review, alleging that Commerce made a
ministerial error in the Final Results regarding its calculation of the
final dumping margin.\3\ We received ministerial error rebuttal
comments from Wheatland Tube (Wheatland), a petitioner in this
administrative review.\4\ Based on our analysis of the allegation, we
determine that we made a ministerial error and have made changes to the
calculation of the weighted-average dumping margin for Borusan and for
the non-individually examined respondents.\5\
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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; 2020-
2021, 87 FR 75596 (December 9, 2022) (Final Results), and
accompanying Issues and Decision Memorandum.
\2\ See Commerce's Letter, ``2020-2021 Administrative Review of
the Antidumping Duty Order on Welded Carbon Steel Standard Pipe and
Tube Products from Turkey: Final Results Disclosure for Borusan,''
dated December 12, 2022.
\3\ See Borusan's Letter, ``Circular Welded Carbon Steel Pipes
and Tubes from Turkey, Case No. A-489-501: BMB Ministerial Error
Allegation,'' dated December 12, 2022 (Ministerial Allegation).
\4\ See Wheatland's Letter, ``Circular Welded Carbon Steel
Standard Pipe and Tube Products from Turkey: Ministerial Error
Rebuttal Comments,'' dated December 19, 2022.
\5\ See Memorandum, ``Amended Final Results of the 2020-2021
Antidumping Duty Administrative Review on Circular Welded Carbon
Steel Standard Pipe and Tube Products from Turkey: Allegation of
Ministerial Error,'' dated concurrently with, and hereby adopted by,
this notice (Ministerial Error Memorandum).
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Scope of the Order
The products covered by this order are welded carbon steel standard
pipe and tube products with an outside diameter of 0.375 inches or more
but not over 16 inches of any wall thickness, and are currently
classified under the following Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and
7306.30.50.90. Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the order
is dispositive. These products, commonly referred to in the industry as
standard pipe or tube, are produced to various ASTM specifications,
most notably A-120, A-53, or A-135.
Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.''
Borusan argues that Commerce incorrectly set the beginning date for
the margin and home market calculation programs to the months of the
period of review (POR), thereby, omitting certain reported U.S. sales
that Borusan sold prior to the POR but entered the United States during
the POR.\6\ We agree with Borusan that Commerce made an unintentional
error within the meaning of section 751(h) of the Act and 19 CFR
351.224(f) and, therefore, we have corrected the error by amending the
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Final Results pursuant to section 751(h) of the Act and 19 CFR
351.224(e).\7\ Specifically, we corrected the beginning date in the
margin and home market calculation programs to capture U.S. sales that
were entered during, but sold prior to, the POR.\8\
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\6\ See Ministerial Allegation.
\7\ See Ministerial Error Memorandum.
\8\ Id.
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For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\9\ The Ministerial Error Memorandum is on file
electronically via ACCESS. ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. As a result, the weighted-average dumping
margin for Borusan changes from 15.56 percent to 12.80 percent.
Furthermore, the rate for the companies not selected for individual
examination, which is based on the margin calculated for Borusan, also
changes from 15.56 percent to 12.80 percent.\10\
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\9\ Id.
\10\ The rate applied to the non-selected companies is based on
Borusan's dumping margin for the period May 1, 2020, through April
30, 2021, as no other company was selected for review. See Final
Results, 87 FR at 75597.
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Amended Final Results of Review
Commerce determines that the following amended 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 12.80
Istikbal Ticaret T.A.S.................................
Rate Applicable to the Following Non-Selected Companies:
Borusan Holding..................................... 12.80
Borusan Mannesmann Yatirim Holding.................. 12.80
Kale Baglanti Teknolojileri San. ve Tic. A.S........ 12.80
Kale Baglann Teknolojileri San. Ve Tic. A.S......... 12.80
Noksel Celik Boru Sanayi A.S........................ 12.80
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Disclosure
We will disclose the calculation memorandum used in our analysis to
parties to this segment of the proceeding within five days of the date
of the publication of these amended final results pursuant to 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of the administrative review.
In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific assessment rates on the basis of the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of those sales. Where an importer-specific antidumping
duties assessment rate is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), Commerce will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. Commerce's
``automatic assessment'' will apply to entries of subject merchandise
during the POR produced by companies included in these final results of
review for which the reviewed companies did not know that the
merchandise they sold to the intermediary (e.g., a reseller, trading
company, or exporter) was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\11\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem assessment rate equal to the weighted-average dumping margins
determined in these amended final results.
The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended final results of this review and for future deposits of
estimated duties, where applicable.\12\ Consistent with its recent
notice,\13\ Commerce intends to issue appropriate assessment
instructions directly to CBP no earlier than 35 days after the date of
publication of the amended 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).
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\12\ See section 751(a)(2)(C) of the Act.
\13\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after December 9,
2022, the date of publication 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 respondents noted above will be equal to
the weighted-average dumping margins established in the amended final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this administrative review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject 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 less-than-
fair-value investigation.\14\ These cash deposit
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requirements, when imposed, shall remain in effect until further
notice.
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\14\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the period of review.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties did occur and the subsequent assessment of doubled antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: January 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-00672 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 17, 2023.
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